Hemant @ Chhinga Prajapati vs State Of MP

S.A. Dharmadhikari, J

The applicant has filed this First application u/S 439, Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station-Kotwali, District- Shivpuri, in connection with Crime No. 403/2021 registered in relation to the offences punishable under Section 49-A of Excise Act.

Allegation against the applicant, in short, is that the police has recovered 8 bulk litres of country made liquor from the joint possession of the applicant and co-accused which is not fit for human consumption. On the basis of aforesaid, crime has been registered.

Learned counsel for the applicant submits that applicant has been falsely implicated in the present case. It is submitted that no alleged offence is made out against the applicant. It is further submitted that investigation is nearing completion and further custodial interrogation of the applicant may not be required. The offence alleged is triable by JMFC. There is no FSL report to indicate that the said liquor was found unfit for human consumption. Attention has also been invited to the guidelines issued to all the States and Union Territories by the Apex Court for de-congesting the prisons in suo motu W.P. (C) No. 1/2020 (IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS) to consider release of prisoners who have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less by constituting a High Powered Committee. The applicant is permanent resident of District Shivpuri and there are no chances of his absconding or tampering with the prosecution witnesses. The applicant is in custody since 17/07/2021 without any substantial reason and early conclusion of the trial is bleak possibility and prolonged pretrial detention is an anathema to the concept of liberty. Under these grounds, applicant prays for grant of bail.

Learned State counsel opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out. It is further submitted by the State Counsel that the sample has been sent for chemical analysis, but the FSL report has not been received.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, 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 solvent surety in the like amount to the satisfaction of the trial Court/committal Court. The applicant shall also furnish a written undertaking 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 :-

He will cooperate in the investigation/trial, as the case may be;

He 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 or to the Police Officer, as the case may be;

He shall not commit an offence similar to the offence of which he is accused;

He will not seek unnecessary adjournments during the trial;

He will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

He shall install Arogya Setu App.(If not already installed) in the mobile phone; and

If, the applicant commits any offence after being released on bail, then this bail order shall automatically stands cancelled without further reference to this Court.

It is further directed that in case, if it is found in the FSL report that the seized liquor was unfit for human consumption, then this bail order shall automatically stand recalled/cancelled and the applicant shall surrender before the concerning trial Court immediately and in case, if he does not surrender, then the trial Court shall be at liberty to take him into custody.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy/e-copy as per rules/directions.