Kalabai W/O Atmaram Chamar 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.28/2021 registered at police station Makdoan, district

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

As per prosecution case 60 bulk liters of country made illicit liquor was recovered from the joint possession of applicant and co-accused Premnarayan

and they were arrested on 16.01.2021.

Learned counsel for the applicant submits that applicant has not committed any offence and she has been falsely implicated in the offence. There is no

criminal antecedents against her. She is in custody since 16.01.2021. 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.

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

Case-diary perused.

Taking into consideration the quantity of contraband alleged to have been recovered from the joint possession of applicant and co-accused coupled

with the fact that she has no criminal antecedents, without commenting on the merit of the case, the application is allowed and the applicant is directed

to be released on bail upon her 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 her 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.

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