Delan vs State Of M.P

Anjuli Palo, J

This is the first application filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail.

The applicant is in custody since 23.6.2021 in connection with Crime No.157/2021 registered at Excise Circle A, Damoh, District Damoh for the

offence punishable under Sections 34(1)(2) of the M.P. Excise Act, 1915.

A s per prosecution's case, about 58 bulk liters of country made liquor is alleged to have been seized from the possession of the applicant.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. The offence is triable by Judicial

Magistrate First Class. The applicant is in custody and there is no hope of commencement and conclusion of trial in near future on account of situation

created due to Covid-19 pandemic, therefore, he may be released on bail.

Learned Panel Lawyer has opposed the application.

Considering the quantity of liquor alleged to have been seized from the possession of the applicant and period of his custody, I deem it appropriate to

release the applicant on bail, therefore, without commenting on the merits of the case, the application is allowed.

It is directed that applicant Delan shall be released on bail on his furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand Only)

with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be

fixed in this regard during the pendency of trial.

It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

It is made clear that if the applicant is found involved in similar offence in future, this order shall become ineffective.

The jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus,

before and after releasing the applicant