Goru @ Gariya @ Gorilal S/O. Gangaram vs State Of M.P

Vivek Rusia, J

This is first application filed under Section 439 of Cr.P.C. by the applicant - Goru @ Gariya @ Gorilal S/o. Gangaram, who has been arrested by Police on 19.1.2021 in connection with Crime No.26/2021 registered at Police Station Sitamau, District Mandsaur for the offence punishable under Section 34(2) of the M.P. Excise Act.

As per prosecution story, 60 bulk litres of country made liquor was recovered from the possession of the present applicant for which he was not having any valid licence.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in custody since 19.1.2021 and there is no progress in the trial. He has no antecedent in the Excise matter. The trial will take long time to conclude. He, therefore, prayed for grant of bail to the applicant.

Learned Panel Advocate appearing for the respondent/State opposes the prayer and prayed for rejection of the application.

In view of the aforesaid facts and circumstances of the case, without further commenting anything on the merits of the case, it would be appropriate to enlarge the applicant on bail.

Accordingly, this application is allowed and the applicant is directed to be released on bail upon his furnishing a 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 that Court during the pendency of 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.