Govind Choudhary vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

On account of the prevailing conditions worldwide, brought about by the COVID 19 virus, this application has been heard and decided through video

conferencing, to maintain social distancing. The necessary parties have effectively been represented by their respective counsels through video

conferencing.

This is the first bail applications filed by the applicant Govind Choudhary under Section 439 of the Cr.P.C. for grant of bail.

The applicant is in custody since 12.12.2020 in connection with Crime No. 591/2020 registered at P.S. Gwarighat, District Jabalpur (M.P.) for the

offences punishable under Section 34(2) of the M.P. Excise Act, 1915.

It is alleged that from the toilet adjacent to the house of the petitioner, 60 bulk litres illegal liquor has been seized.

Learned counsel for the State submitted that the toilet is a public toilet which is used by common public, it is further stated that the applicant is in jail

since 12.12.2020 and there is no criminal record against the applicant.

Learned panel lawyer for the State does not dispute the fact that there is no criminal record of the applicant relating to the Excise Act. Only one

offence registered against the applicant relating to the Arms Act.

Taking into consideration the totality of the facts of the case and the fact that there is no criminal record against the applicant relating to the Excise

Act. Only one offence relating to the Arms Act has been registered against the present applicant, I am inclined to enlarge the applicant Govind

Choudhary on bail.

Accordingly the application filed by the applicant is hereby allowed.

It is directed that applicant Govind Choudhary shall be released from Date: 2020.12.28 17:13:18 IST custody upon furnishing a personal bond in the

sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety of the like amount to the satisfaction of the learned court below.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court In Writ Petition No.1/2020 and ensure

that the applicant is examined by the jail doctor before his release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct

him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion

that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.

With the above, both the applications are finally disposed of.

It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled

automatically without reference to the court and the Police will be at liberty to arrest the applicant.

A typed copy of this order is being forwarded to the Office of the Advocate General and Shri D.K. Khare, learned Panel Lawyer on thei respective

email address for intimation to the Police Station concerned.

The office is requested to forward a copy of this order to the learned court below.

Certified copy as per rules.