Bhola @ Rakesh Pathak vs State Of MP

S.A. Dharmadhikari, J

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19

outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

Case Diary is perused.

Learned counsel for the rival parties are heard.

The applicant has filed this First application u/S 439, Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station-Indarganj, District- Gwalior, in connection with Crime No. 356/2020 registered in relation to the

offences punishable under Section 49-A of Excise Act.

Allegation against the applicant, in short, is that the police has recovered 05 bulk litres of country made liquor from the possession of the applicant

which is not fit for human consumption. On the basis of aforesaid, crime has been registered.

Learned counsel for the applicant submits that applicant has been falsely implicated in the present case. It is submitted that no alleged offence is made

out against the applicant. It is further submitted that investigation is nearing completion and further custodial interrogation of the applicant may not be

required. The offence alleged is triable by JMFC. Attention has also been invited to the guidelines issued to all the States and Union Territories by the

Apex Court for de-congesting the prisons in suo motu W.P. (C) No. 1/2020 (IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS) to

consider release of prisoners who have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less by

constituting a High Powered Committee. The applicant is permanent resident of District Gwalior and there are no chances of his absconding or

tampering with the prosecution witnesses. The applicant is in custody since 07/10/2020 without any substantial reason and early conclusion of the trial

is bleak possibility and prolonged pretrial detention is an anathema to the concept of liberty. Under these grounds, applicant prays for grant of bail.

Learned State counsel opposed the application on the ground that 19 criminal cases have been registered against the applicant forming criminal

antecedents and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail

is made out.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, this

application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One

Lakh only) with two local solvent sureties in the like amount to the satisfaction of the trial Court/committal Court. The applicant shall also furnish a

written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State

Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of

Corona virus.

This order will remain operative subject to compliance of the following conditions by the applicant :-

He will cooperate in the investigation/trial, as the case may be;

He will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her

from disclosing such facts to the Court or to the Police Officer, as the case may be;

He shall not commit an offence similar to the offence of which he is accused;

He will not seek unnecessary adjournments during the trial;

He will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

He shall install Arogya Setu App.(If not already installed) in the mobile phone; and

If, the applicant commits any offence after being released on bail, then this bail order shall automatically stands cancelled without further reference

to this Court.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and

necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy/e-copy as per rules/directions.