Budhiya vs State Of M.P

Rohit Arya, J

This is the first bail application under Section 439 of the Criminal Procedure Code, 1973 filed on behalf of the applicant. The applicant is in jail since

13/10/2020 in connection with Crime No.223/2020 registered at P.S., Manpur District Indore, for offence punishable under Sections 34(2) and 46 of

M.P. Excise Act.

As per prosecution story, the co-accused Sunny Thakur and Mukesh Pal were found to be in unauthorized possession of 86 bulk liters of illicit country

made liquor without any license. During course of investigation, applicant has been named in the memo of the co-accused persons recorded under

Section 27 of the Evidence Act. Accordingly, case has been registered against the present applicant.

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

only on the basis of memo of the co-accused persons recorded under Section 27 of the Evidence Act. Investigation is complete and the challan has

been filed. No further custodial investigation is required. The applicant is in custody since 13/10/2020. Applicant is the sole bread earner and due to his

jail incarceration, the family is in penury. Looking to prevailing Covid-19 situation, trial is not likely to conclude early in the near future. He further

submits that the co-accused Mukesh Pal has been enlarged on bail by this Court vide order dated 02/11/2020 passed in M.Cr.C. No.40933/2020 and

the case of the applicant is similar to the co-accused. 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.

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 13/10/2020, investigation is complete and charge-sheet has been filed, he is not required for custodial interrogation and due to Covid-19

pandemic, the possibility of delay in conclusion of trial cannot be ruled out. Hence, in view of the above as well as on the ground of parity with the co-

accused Mukesh Pal (supra), 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 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 i n 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) violation of conditions, State is free to apply for cancellation of bail.

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.

Registry is directed to send an e-copy of this order to the Court concerned for necessary compliance.

E-certified copy as per rules.