Dharmesh vs State Of M.P

Subodh Abhyankar, J

This is the applicant's first bail application under Section 439 Cr.P.C. for the offence punishable under Section 3/7 Essential Commodities Act

registered with Police Station Kakanwani, District Jhabua, in Crime no.294/2020.

The allegation against the applicant is that he was found in possession of around 100 litres of diesel which he was selling unathorisedly without any

licence which was kept in an underground tank of the capacity of 12,000 liters.

Counsel for the applicant has submitted that admittedly the applicant is resident of Gujarat and it is not possible for him to bury a tank of around 12,000

liters capacity underground and to sell the fuel.

Counsel for the applicant submitted that the applicant is in jail since 8.12.2020 and there are no criminal antecedents of the applicant. It is further

submitted that the charge sheet has already been filed. It is further submitted that the prosecution has not brought on record the control order of which

the applicant was allegedly making violation of.

Counsel for the applicant has further submitted that the final conclusion of the trial will likely to take sufficiently long time on account of Covid 19

situation and no purpose would be served to keep the applicant in jail.

Counsel for the respondent State has opposed the prayer for bail and on a query made by this Court counsel for the State has also stated that the land

in which the aforesaid tank was buried does not belong to the applicant.

On due consideration of the submissions and on perusal of the case diary, taking note of the fact that the applicant is resident of Gujarat and allegation

against him is that he was found to be in possession of 100 liters of diesel which was kept in a tank of 12,000 liters buried in a land which does not

belong to him and the fact that he is in jail since 8.12.2020 and the charge sheet has already been filed but the final conclusion of the trial is likely to

take sufficiently long time on account of covid 19 situation, the present application stands allowed.

The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one local

surety in the like amount to the satisfaction of the Trial Court for his appearance as and when directed.

The applicant will attend each hearing of his trial before the Trial Court out of which this bail arises. Any default in attendance in Court would result in

cancellation of the bail granted by this Court.

It is also directed that the applicant will abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.

Certified copy as per rules.