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Judgment
21 paragraphs · 363 wordsAnil Verma, J
This is first application under Section 439 of the Code of Criminal Procedure, 1973. The applicant is in Jail since 25/3/2021 in connection with Crime
No. 837/2021 registered at P.S. - Excise Circle, Kachhi Mohalla, Distt. Indore for commission of offence punishable u/S. 34(2) of the M. P. Excise
Act.
As per prosecution story, the applicant was found to be in possession of 90 bulk litres of country made liquor unauthorisedly and illegally. Accordingly,
a case has been registered. Investigation is complete and charge sheet has been filed before the trial Court.
Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in the offence. No further custodial
investigation is required. The applicant has already suffered jail incarceration since 25/3/2021, under the above circumstances, prayer for grant of bail
may be considered on such terms and conditions, as this Court deems fit and proper.
Per contra, Mrs. Mamta Shandilya, learned GA for respondent â€" State opposes the bail application and supporting the order impugned and prays for
rejection of the bail application.
Perused the impugned order of the trial Court as well as the record.
Considering the aforesaid submissions and other facts and circumstances of the case; the applicant is in jail since 25/3/2021, not required for custodial
interrogation and possibility of delay in conclusion of the trial cannot be ruled out, hence, I deem it proper to release the accused / applicant on bail.
Therefore, without commenting on the merits of the case, the application is allowed.
It is directed that applicant Avinash s/o Deepak Chandel be released on bail on his furnishing personal bonds in the sum of Rs.50,000/- (Rs. Fifty
thousand only) with one solvent surety to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall
abide by the conditions enumerated u/S. 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 issued by the Hon’ble Apex Court in W.P.No. 01/2020.
Certified copy, as per Rules.