Bhupendra vs State Of MP

Rohit Arya, J

This is second bail application under Section 439 of Cr.P.C. The applicant has been arrested in Crime No. 494 of 2021 registered at Police Station

Chachoda, District Guna for the offence punishable under Section 34 (2) and 49-A of M.P. Excise Act.

As per the prosecution story, the applicant is found to be in possession of 60 bulk liters of country made liquor without having any license. Accordingly,

the case has been registered.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. The applicant is no more required for custodial

interrogation. The applicant has already suffered incarceration since 8.12.2021. Hence, prayed for bail.

Per contra, counsel appearing for the State has opposed the prayer supporting the impugned order. The applicant has four criminal antecedents

including the present case.

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 8.12.2021, the applicant 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, the 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. 50,000/- (Rupees 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 of 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 Public Prosecutor 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.

A copy of this order be sent to the Court concerned for compliance.

CC as per rules.