Kamlesh vs State Of M.P

Vivek Rusia, J

This repeat second bail application under Section 439, Cr.P.C. for grant of bail in connection with Crime No. 576/2020, Police-Station- City Kotwali,

District- Mansaur for commission of the offence under Section 34 (2) of M.P. Excise Act. First bail application of the applicant was dismissed as

withdrawn vide order dated 05.04.2021 passed in M.Cr.C. No.10099/2021 granting liberty to renew his prayer after completion of six months custody

period.

As per prosecution case, 135 bulk liters of country made liquor has been recovered from the possession of the applicant and on the basis of which the

case has been registered against the applicant.

Learned counsel for the applicant has submitted that applicant has falsely been implicated in the case. There is no progress in the trial. Conclusion of

trial will take sufficient long time. The offence is triable by Judicial Magistrate First Class. The first bail application of the applicant was dismissed as

withdrawn by granting liberty to renew his prayer after completion of six months custody period and now the said period is over. The applicant is in

custody since 11.01.2021. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned panel lawyer for the respondent/State opposes the bail application.

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

is directed to be released on bail on his furnishing a personal bond in the sum of Rs.40,000/-(Rupees Forty Thousand Only) with one solvent surety of

the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain

present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

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.