Indal Singh vs State Of Madhya Pradesh

Sanjay Dwivedi, J

This second bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of bail in connection with Crime No.149/2020 registered at Police Station- Sultanganj District Raisen, for the offence punishable under Sections 34(2) of M.P.Excise Act.

The applicant's first bail application M.Cr.C.No.42184/2020 was dismissed as withdrawn with the liberty to move afresh after a period of three months vide order dated 17/12/2020. Availing the said remedy this application has been filed.

As per prosecution case, applicant was found in illegal possession of 65 bulk liters liquor.

Learned counsel for the applicant submits that applicant is in jail since 02/10/2020 and prays for grant of bail to the applicant. Counsel for the State opposes the bail application and submits that there is criminal antecedents against the present applicant, therefore, he is not entitled to be released on bail.

Considering the facts and circumstances of the case, without commenting anything on the merits of the case, the bail application filed by the applicant is allowed.

It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the given by it.

I t is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

The jail authority is also directed to ensure that the applicant is examined by the jail doctor to ascertain that he is not afflicted with the COVID-19 virus. If the doctor suspects otherwise, the applicant shall be referred to the appropriate hospital for further management as per the protocol laid down by the State. In the event the jail doctor is of the opinion that the applicant can be released, then he shall be released.

Certified copy as per rules.