Dilip vs State Of M.P

Vishal Mishra, J

The applicant has filed this second application under Section 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Naisarai,

District Ashoknagar in connection with Crime No.09/2021 registered in relation to the offence punishable under Sections 34 (2) of M.P. Excise Act.

First application was dismissed as withdrawn with liberty to repeat the same after some time vide order dated 12.2.2021 passed in

M.Cr.C.No.8204/2021.

It is submitted by counsel for the applicant that he is in custody since 15.1.2021 and as per the prosecution case 60 bulk liters of country made liquor

has been seized from the applicant. It is submitted by counsel for the applicant that investigation is over in the matter and the charge sheet has already

been filed on 25.2.2021, therefore, there is no requirement of further custodial interrogation of the applicant. He is ready to abide by all the terms and

conditions as may be imposed by this Court and prays for grant of bail.

Per contra, counsel for the State has opposed the bail application stating that there are three criminal cases registered against the present applicant;

first in the year 2017 under section 323 and 294 of IPC, second in the year 2020 under section 34 of M.P. Excise Act and third in the year 2021 under

section 34 of M.P. Excise Act and prays for rejection of the bail application.

Considering the overall facts and circumstances of the case and looking to the custody period of the present applicant and looking to the nature of

offence registered against the present applicant, this Court deems it appropriate to allow this application. The application is allowed.

The applicant is directed to be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees 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 the applicant 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 concerned Superintendent of Police 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/Certified copy as per rules/directions.