Arif vs State Of Madhya Pradesh

Rajendra Kumar Verma, J

This is first application under section 439 of CrPC for grant of bail on behalf of applicant who is in custody since 18.01.2022 in connection with Crime No.34/2022, registered at Police Station Pachore, District Rajgarh for the offence punishable under section 34(2) of M.P. Excise Act, 1915.

As per prosecution case, the allegation against the applicant is that 80 bulk liters of unauthorized liquor has been seized from the possession of the applicant. Accordingly, case has been registered against the applicant.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The applicant is in custody since 18.01.2022. The case is triable by Judicial Magistrate First Class. The charge sheet has been filed and the conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail.

Learned Government Advocate has opposed the application and prayed for its rejection.

Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.

It is directed that the applicant/accused be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

Certified Copy as per rules.