Ashfak Khan & Anr vs State Of M.P

Rajeev Kumar Shrivastava, J

This is the first bail application u/S.439 of Cr.P.C filed by the applicant for grant of bail.

Applicants have been arrested on 13/02/2021 by Police Station Excise, Maksudangarh, District Guna (M.P.) in connection with Crime No.45/2021 registered for offence under Sections 34(2) of Excise Act.

Learned counsel for the applicants-Ashfak Khan and Irshad Khan has submitted that the applicants have been falsely implicated in this case and they are in custody since 13/02/2021. As per prosecution story, 63 bulk liters of illicit liquor have been recovered from the possession of the present applicants. Now investigation is complete and charge-sheet has been filed. Trial will take its own time.

Hence, prayed for grant of bail. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.

Per contra, State Counsel has vehemently opposed the bail application and has submitted that the case is registered under Sections 34(2) of Excise Act and 63 bulk liters illicit liquor has been seized from the possession of the present applicants. Hence, he prayed for dismissal of this present bail application.

Heard learned counsel for the parties and considered the arguments advanced by them and perused the available case diary.

Considering the facts and circumstances of the present case and looking to the custody period of the present applicants, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicants shall be released on bail on their furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety of the like amount to the satisfaction of the Court concerned for his regular appearance before the Court concerned on the dates fixed by the Court concerned.

In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicants, their Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make necessary arrangements for sending the applicants to their house, and if their test is found positive then the applicants shall be immediately sent to concerning hospital for their treatment as per medical norms. If the applicants are fit for release and if they are in a position to make their personal arrangements, then they shall be released only after taking due travel permission from local administration. After release, the applicants are further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid-19. If it is found that the applicants have violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take them in custody and would send them to the same jail from where they were released.

This order will remain operative subject to compliance of the following conditions by the applicants :-

The applicants will comply with all the terms and conditions of the bond executed by them;

The applicants will cooperate in the investigation/trial, as the case may be;

The applicants will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicants shall not commit an offence similar to the offence of which they are accused. In case of repetition of offence, this bail order shall automatically stand cancelled;

The applicants will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

The applicants will inform the SHO of concerned Police Station about his/her residential address in the said area and it would be the duty of the State Counsel to send E-copy of this order to SHO of concerned Police Station for information.

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for compliance.

Certified copy/ e-copy as per rules/directions.