Jani vs State Of M.P

Vivek Rusia, J

This is first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.176/2021 registered at Police Station â€" Rau, District

â€" Indore for the offence punishable under sections 49 (A) and 34 of M.P. Excise Act. The applicant is in custody since 23/03/2021.

As per prosecution case, the present applicant was found in possession of 5 liters illicit liquor while he was standing in front of a water tank situated at

Nehru Nagar, Rau. The sample was sent to the F.S.L. on 03/04/2021, but the report has not been received so far.

Investigation is complete and charge-sheet has been filed. The learned Sessions Court has rejected the bail application of the applicant on the basis of

his past criminal record. Out of 8 criminal cases, only one case under Section 34 of the M.P. Excise Act has been registered against the present

applicant in the year 2015, which is still pending.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated by calling him in the police station. Because

of the past criminal record, he has been apprehended by the police. He further submits that the applicant has served the minimum sentence and there

is no report of the FSL. The applicant is ready to abide all the conditions and maintain good conduct in the society. The applicant is in custody since

23/03/2021. Investigation is over and charge sheet has been filed. Conclusion of trial will take sufficient long time. Hence, he be released on bail.

Learned counsel for the applicant voluntarily undertakes to donate 20 litres sanitizer and 50 good quality masks to the concerned police station, if they

are released on bail.

Learned Panel Lawyer for the non-applicant/State opposes the bail application Case-diary perused.

Considering the facts and circumstances of the case but without commenting on the merit of the case, the application is allowed and the applicant is

directed to be released on bail upon his furnishing 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 the trial Court on all such dates as may be fixed in this behalf by the trial Court during

the pendency of trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C. The applicant shall also mark his presence before

the concerned police station on the first Monday of every month till the conclusion of the trial.

Before releasing the applicant from the custody the jail authorities are directed to medically examine 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.