Bhagat vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is first bail application filed under Section 439 Cr.P.C. by the applicant, who is in jail since 17.05.2021, in connection with Crime No.305/2021

registered at Police Station Bhatpachlana, District -Ujjain for commission of offence punishable under Section 34 (2) of the Excise Act.

As per the prosecution story, 108 bulk liters of illicit liquor has been recovered from the joint possession of the present applicant and co-accused

Lakhan Singh. Accordingly case has been registered against them.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the offence. Applicant is in jail since

17.05.2021 and he has no criminal antecedents. Thus, it is submitted that since the final conclusion of the trial is likely to take sufficient long time on

account of Covid-19 the application be allowed and the applicant be released on bail.

Prayer is opposed by the learned Public Prosecutor.

Considering the facts and circumstances of the case and taking note of the fact that applicant is in jail since 17.05.2021. However, looking to the the

fact that presently the Courts are not proceeding with the criminal trials on account of fresh spread of COVID-19 and the final conclusion of trial is

likely to take sufficient long time, without commenting on the merit of the case, the application is allowed. The applicant is directed to be released on

bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the

trial Court for her 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

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

It is also observed that if the applicant is found involved in any of the criminal activities, after his release on bail, then the present bail order shall stand

cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified Copy as per rules.