Bharat vs State Of Madhya Pradesh

Rohit Arya, J

This is the second repeat bail application under Section 439 of the Criminal Procedure Code, 1973 filed on behalf of the applicant. His first application

was dismissed as withdrawn vide order 04/12/2020 passed in M.Cr.C. No.47024/2020. The applicant is in jail since 22/09/2020 in connection with

Crime No.199/2020 registered at Police Station Nanpur, District-Alirajpur for the offence punishable under Section 34(2) & 36 of M.P. Excise Act.

As per prosecution story, applicant has been implicated in the offence only on the strength of memo recorded under Section 27 of the Evidence Act of

the co-accused Hatriya.

Investigation is complete and chargsheet has been filed.

Learned counsel for the applicant contends that the applicant is innocent and he has been falsely implicated in the case. The applicant is in custody

since 22/09/2020 . Investigation is complete and challan has been filed. He is not required for further custodial investigation. Due to long incarceration,

his family is in penury. Looking to prevailing Covid-19 situation, trial is not likely to conclude early in the near future. Under such circumstances the

prayer for grant of bail may be considered on such terms and conditions as this Court deems fit and proper.

Per contra, learned Panel Lawyer for the respondent opposes the bail application supporting the order impugned with the submission that applicant has

one criminal antecedent of the same nature of the year 2020. Hence, applicant does not deserve to be enlarged on bail.

Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that the applicant is in jail

since 22/09/2020, investigation is complete and chargsheet has been filed, he is not required for custodial investigation and due to Covid-19 pandemic,

the possibility of delay in conclusion of trial cannot be ruled out. Hence, applicant is held entitled for enlargement on bail.

Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the

applicant be released on bail on furnishing personal bond in the sum of Rs. 1,50,000/- (Rupees One Lac Fifty Thousand only) with one solvent surety

in the like amount to the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during

trial and also comply with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:

(i) the applicant shall mark his attendance before the concerned police station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 noon.

(ii) the applicant shall abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government

as well as the local administration from time-to-time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid

proliferation of Novel Corona virus (COVID-19);

(iii) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail

doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required,

be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order;

(iv) on violation of conditions, State is free to apply for cancellation of bail.

(v) in future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases or misuse the bail granted by this Court,

this bail order shall stand cancelled automatically;

Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the Police

Station for information and necessary action.

E-certified copy as per rules.