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Judgment
Vivek Rusia, J
This is second repeat application filed under section 439 Cr.P.C seeking bail in connection with Crime No.144/2021 registered at police station
Machalpur, district Rajgarh for the offence punishable under section 34(2) of the M.P Excise Act. The first application was dismissed as withdrawn
on 21.06.2021.
As per prosecution case, 60 bulk liters of country made illicit liquor has been recovered from the possession of the applicant.
Learned counsel for the applicant submits that applicant has been falsely implicated in the offence. He is in custody since 22.05.2021. 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 he is in custody
since 22.5.2021, without commenting on the merit of the case, the application is allowed and the applicant is directed to be released on bail upon his
furnishing personal bond in the sum of Rs.30,000/- (Rupees Thirty 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.
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.