Jwalaprasad Verma 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.275/2021 registered at police station Khilchipur

District Rajgarh for the offence punishable under section 34 (2) of the M.P. Excise Act.

The petitioner is in jail since 22.6.2021.

As per prosecution case, on 22.6.2021 on the basis of discrete information from the informant the police reached the spot and the present applicant

was found in possession of 6 boxes of Dolamaru country made liquor each containing 48-48 quarter ,i.e, total 288 quarter containing 51.840 liter

costing Rs.14,122/- and on the said basis the applicant has been arrested for the aforesaid offence.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the offence. The applicant is in custody since 22.6.2021.

The offence is triable by Magistrate. The investigation is complete and charge sheet has been filed. There is no likelihood of early conclusion of the

trial, hence prayed for release of the applicant on bail.

Learned counsel for the applicant voluntarily undertakes to donate 25 liters of sanitiser and 25 N95 Masks to the concerned police station, if the

applicant is released on bail.

Prayer is opposed by the learned counsel for the respondent/State.

Case-diary perused.

Considering the facts and circumstances of the case and without commenting on the merit of the case, the application is allowed with conditions. 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. He shall appear and mark his

presence before the concerned police station on the dates fixed by the SHO till the end of the 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.