Ashok vs State Of M.P

Vivek Rusia, J

This is first bail application under Section 439 of Cr.P.C. for grant of bail. The applicant, who is implicated in Crime No.464/2020 registered at Police

Station Badgonda District Indore for the offence punishable under Section 34(2) of M.P. Excise Act. The applicant is in custody since 21.09.2020.

As per prosecution story, 70 bulk liters of country made liquour has been seized from possession of the applicant.

Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. There is no criminal antecedent of the

applicant. The applicant is in custody since 21.09.2020. The conclusion of trial is likely to take time, hence prayed for release of the applicant on bail.

Learned counsel for the State was also heard who has opposed the bail application, however, he fairly admits that there is no criminal antecedent of

the applicant.

Perused the case diary.

In view of the submissions made by learned counsel for the parties and mainly the submissions made by learned counsel for the applicant, without

commenting on the merits of the case, the application filed by the applicants is allowed. The applicant is directed to 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 of the like amount to the satisfaction of the

trial court for his regular appearance before the trial court during trial with a condition that he shall remain present before the court concerned during

trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.

Before releasing the applicant from the custody, the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-

19 infections and shall comply with the directions given by the Hon'ble apex Court in Writ Petition No.01/2020.

With the aforesaid, the petition stands disposed of.