Arjun Sisodiya vs State Of M.P

Rohit Arya, J

This is first bail application under Section 439 Cr.P.C. The applicant is in custody since 12.2.2021 in connection with Crime No.464/2021 registered at

P.S., Excise Deptt., Neemuch, District Neemuch for the offence punishable under Section 34, 49(A) of M.P.Excise Act.

As per prosecution story, the applicant was found in an unauthorized possession of 10 litres of country made liquor unfit for human consumption.

Accordingly, case has been registered.

Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the offence. He has no criminal antecedents.

He is not required for custodial investigation. It is further submitted that applicant has already suffered jail incarceration since 12.2.2021. The co-

accused Manish has been enlarged on bail on 23.4.2021 in M.Cr.C.no.13510/2021. Looking to the Covid-19 situation, trial is not likely to conclude

early in the near future. Hence, the applicant may be enlarged on bail on such terms and conditions this Court deems fit and proper.

Per contra, learned Govt.Advocate supports the order impugned and opposes the bail application.

Upon hearing learned counsel for the parties, but without touching merits of the contentions so advanced, regard being had to the fact that applicant

has suffered jail incarceration since 12.2.2021 having no criminal antecedents, not required for further custodial interrogation, the co-accused Manish

has been enlarged on bail and due to Covid-19 pandemic, possibility of delay in conclusion of trial cannot be ruled out. Hence, he is held entitled for

enlargement on bail.

Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the

applicant be released on bail on furnishing personal bond in the sum of Rs.1,50,000/- (Rs.One Lac Fifty Thousand only) with one solvent surety in the

like amount to the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during trial and

also comply with the conditions enumerated under Section 437(3) of Criminal Procedure Code, 1973 with following further conditions:

(i) the applicant shall mark his attendance before the concerned police station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 noon.

(ii) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as

well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of

Novel Corona virus (COVID-19);

(iii) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail

doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required

be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order.

(iv) in the event of violation of any of the terms and conditions of the order by the applicant, the prosecution is at liberty to seek cancellation of the bail

granted to the applicant.

(v) in future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases or misuse the bail granted by this Court,

this bail order shall stand cancelled automatically.

Observation on facts are only for the purpose of deciding the instant bail application and shall have no bearing on the pending trial, in any manner

whatsoever.

Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the police

station for information and necessary action.

E-certified copy as per rules.