Chatar Singh vs State Of M.P

Vivek Rusia, J

This is second application filed under section 439 Cr.P.C seeking bail in connection with Crime No.1043/2021 registered at police station Excise Circle

Sendhwa District Barwani for the offence punishable under section 34 (2) of the M.P. Excise Act.

The applicant is in jail since 4.2.2021.

The first bail application of the applicant was dismissed as withdrawn vide order dated 3.5.2021 passed in MCRC.No.18002/2021.

As per prosecution case, on 4.2.2021, the police received a discrete information from the informant and on the said information the police reached the

spot and on search of the grocery shop (kirana dukan) of the present applicant recovered total 96 bulk liters of country made liquor and on the said

basis the police has arrested the present applicant.

Learned counsel for the applicant submits the applicant is in custody since 4.2.2021. 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, hence prayed for release of the applicant on bail.

Learned counsel for the applicant voluntarily undertakes to donate 25 liters of Sanitiser and 25 N95 Masks to the concerned police station, if the

applicant is released 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 without commenting on the merit of the case, the application is allowed with conditions. 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. He shall appear and mark his

presence before the concerned police station on the dates fixed by the SHO till the end of the trial.

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.