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Judgment
19 paragraphs · 322 wordsRajendra Kumar Verma, J
This is first bail application on behalf of applicant under Section 439 of Cr.P.C. in connection with Crime No.13/2021, registered at Police Station
Gorabajar, District Jabalpur, for commission of offence punishable under Section 34(2), 45 & 49 of M.P.Excise Act.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. There is no criminal antecedent
against the present applicant. The charge-sheet has been filed. He is confined in custody since 09.01.2020 and the trial will take time for its final
disposal due to this Covid-19 sitution, therefore, he should be enlarged on bail.
On the other side, learned Panel Lawyer for State opposed the application.
It appears from the record that total 30 bulk litres of country-made liquor was seized from the possession of the applicant.
Considering the facts and circumstances of the case, quantity of liquor seized, custody period of applicant and the exigency of Covid-19 disease, I am
of the considered view that it is a fit case to release the applicant on bail.
Consequently, the application is allowed. It is directed that applicant Ballu @ Balveer shall 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 committal/trial Court for his
appearance before the trial court on the dates so fixed by that Court during trial. It is directed that applicant shall comply with the provisions of Section
437(3) Cr.P.C.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the
directions/guidelinesDigitallysignedbySUSHEELKUMAR issued by the Government with regard to 'COVID-19' before releasing the applicant.
This order shall be effective till the end of the trial. However, in case of bail jump it shall become ineffective.
This M.Cr.C. stands allowed and disposed of.
C.C. as per rules.