Bharat vs Sunil Vs. State Of M.P

Vivek Rusia, J

This is first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.107/2020 registered at police station Juni, Indore for

the offence punishable under sections 34(1) and 49(A) of the M.P Excise Act.

As per prosecution case, 5 liters of country made illicit spurious liquor and 500 grams of urea were recovered from the possession of the applicant.

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

in custody since 13.03.2020. 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 due to Covid-19 epidemic, 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 13.03.2020, without commenting on the merit of the case, the application is allowed with conditions. The applicant is directed to be released on

bail subject to 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.