Goldi @ Gourishankar vs State Of Madhya Pradesh

S. A. Dharmadhikari, J

The applicant has filed this second application u/S. 439, Cr.P.C. for grant of bail. First application was dismissed as withdrawn vide order dt.04.10.2021 passed in M.Cr.C No.49183/2021.

T he applicant has been arrested on 10.07.2021 by Police Station Nagra, District Morena (M.P.), in connection with Crime No.102/2021 registered in relation to the offence punishable under Sections 34(2), 47(A), 49(A) of Excise Act.

According to the prosecution case, on an information given by an informer, the police reached at the spot and seized 90 bulk ltr. of country made liquor and 10 ltr. of country made liquor, which is not fit for human consumption, from the possession of the applicant, for which he did not possess any valid license. On the basis of the aforesaid, crime has been registered.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in custody since 10.07.2021. Charge sheet has been filed, therefore, no further custodial interrogation is required. Offence is triable by JMFC. There is no FSL report to indicate that the said liquor was found unfit for human consumption. Disposal of the matter will take long time. It is further submitted that trial is held up due to COVID-19 and the applicant cannot be kept in custody for an unlimited period without any substantial reason. It is further submitted that in view of outbreak of COVID-19, detention of the applicant in already congested prison may be detrimental. The applicant is permanent resident of District Morena (M.P.) and there is no likelihood of his absconsion or tampering with the prosecution evidence and he is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.

Learned Public Prosecutor for the respondent/State opposed the application contending that on the basis of the allegations and material available on record, no case for grant of bail is made out and prays for rejection of bail application. It is further submitted that there are nine cases registered against the present applicant.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

Considering the overall facts and circumstances of the case coupled with the fact that the trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty so also considering the fact that in view of second wave of COVID-19 pandemic ans with a need to decongest the jail, which are potential hot spots for spread of infection, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one local surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

The applicant shall also furnish a written undertaking before the concerned court that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

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/her from disclosing such facts to the Court tor to the Police Officer, as the case may be;

It is directed that in case, if it is found in the FSL report that the seized liquor was unfit for human consumption, then this order shall automatically stand recalled and the applicant shall surrender before the concerning trial court immediately and in case, if he does no t surrender, the the trial Court shall be at liberty take him into custody.

5 . The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

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.

A copy of this order be sent to the trial court concerned for compliance.

Certified copy as per rules.