Bablu @ Jitendra S/O Bhanwarsingh vs State Of M.P

Vivek Rusia, J

Heard learned counsel for the parties through video conferencing.

This is first application filed under section 439 Cr.p.C seeking bail in connection with Crime No.411/20 registered at police station Khudel, Indore for

the offence punishable under section 34(2) of the M.P Excise Act.

As per the prosecution case the applicant was apprehended along with 65 bulk liters of country made illicit liquor.

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

since 10.10.2020. The offence is triable by Magistrate. The investigation is complete and charge sheet has been filed. There is no likelihood of early

conclusion of the trial, hence prayed for release of the applicant on bail.

Prayer is opposed by the learned counsel for the respondent/State.

Case-diary perused.

Taking into consideration the quantity of contraband alleged to have been recovered from the applicant coupled with the fact that applicant is in

custody since 10.10.2020 and there is no criminal antecedents against him, without commenting on the merit of the case, the application is allowed

with conditions. The trial Court is directed to verify the criminal antecedents with regard to the Excise Act, if any, of the applicant. If the applicant has

no criminal antecedents, he shall be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one

surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf

by the trial Court during the pendency of trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C. It is made clear that if

the applicant has the criminal antecedents with regard to the Excise Act, this order granting the benefit of bail shall be treated as cancelled.

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 direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

C.c as per rules.