Bhupendra S/O Kishore Kehar 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.809/2020 registered at police station Mahakal, district

Ujjain for the offence punishable under section 49A of the M.P Excise Act.

As per prosecution case on 15.10.2020 the applicant was apprehended along with 5 liters of spurious liquor and an offence under section 49A of the

MP Excise Act was registered against him.

Learned counsel for the applicant submits that applicant has not committed any offence and he has been falsely implicated in the offence. He is in

custody since 15.10.2020. There is no FSL report on record to show as to whether the seized liquor is unfit for human consumption or not. 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 Corona epidemic, hence prays for release of the applicant on bail.

Prayer is opposed by the learned counsel for the respondent/State.

Case-diary perused.

Considering the facts and circumstances of the case and the fact that there is no FSL report on record regarding the contraband, without commenting

on the merit of the case, the application is allowed and the applicant is directed to be released on bail upon his furnishing personal bond in the sum of

Rs.40,000/- (Rupees Forty 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.

C.c as per rules.