Bunty Kori vs State Of M.P

Vishal Mishra, J

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 Dharnavad, District

Guna in connection with Crime No.182/2021 registered in relation to the offence punishable under Section 34(2) of the MP Excise Act.

It is alleged that he has been falsely implicated in the case. He has not committed the offence in any manner. The applicant is in custody since

21.07.2021. It is submitted that the liquor is seized from the possession of the other co-accused namely Neeraj and Chhotu. The allegation against the

applicant is that he was driving the vehicle in question in which the liquor was being put by the other co-accused. He is ready to abide by all the terms

and conditions that may be imposed by this Court. On these grounds, he prays for grant of bail.

Per contra, counsel for the State has opposed the application stating that the applicant is having a criminal history of two other cases. But he fairly

submits that they are of minor offences registered in the year 2017 and 2019.

Considering the overall facts and circumstances of the case, but without commenting upon the merits of the case, this Court deems it appropriate to

allow this application. Accordingly, the application is allowed. The applicant is directed to be released on bail on furnishing a personal bond in the sum

of Rs.50,000/-(Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Investigation Officer /trial Court, as the

case may be with submission of written undertaking and he will abide by all terms and conditions of the different circulars, orders as well as guidelines

issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel

Corona Virus (COVID -19) pandemic and he will have to install Arogya Setu App, if not already installed.

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

The applicant will comply with all the terms and conditions of the bond executed by him;

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

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

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

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of

the State counsel to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the

concerned SHO regarding the same.

In case of involvement of the present applicant in any other offence, the benefit of bail granted by this Court shall stand cancelled automatically.

Application stands allowed and disposed of.

In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the

jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the

isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for

movement to reach his place of residence.

E- copy of this order be provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-

copy of this order shall be treated as certified copy for practical purposes in respect of this order.