Deepak vs State Of M.P

Vivek Rusia, J

This is the second application filed under section 439 Cr.P.C seeking bail in connection with Crime No.16/2021 registered at police station Raoji Bajar

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

The first bail application of the applicant was dismissed as not pressed vide order dated 15.3.2021 passed in MCRC.No.11552/2021.

The petitioner is in jail since 15.1.2021.

As per prosecution story, on 15.1.2021 on the basis of discrete information this applicant was found standing near Kaccha Masania Harijan Colony

alongwith 60 bulk liters of country made liquor valued Rs.25,200/-. Accordingly, he was arrested and sent to the jail since then he is in jail.

His first bail application was dismissed on 15.3.2021 passed in MCRC.No.11552/2021 and thereafter six months have been lapsed. The trial has not

been concluded, hence, this second bail application has been filed by the applicant.

Learned counsel for the applicant fairly submits that there are as many as 8 cases registered against the applicant out of which 5 cases were

registered from 2010 to 2012 and 3 cases were registered under Section 34 of the Excise Act and fine amount has been imposed.

Learned counsel for the applicant voluntarily undertakes to donate 25 Gloves, 25 N95 Masks and 10 liters of Sanitiser to the concerned police station

as a welfare activity for the use of police personnel who are working during carona period, 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.