Kanhaiya S/O. Mansingh vs State Of M.P

Vivek Rusia, J

This is first application filed under Section 439 of Cr.P.C. by the applicant â€" Kanhaiya S/o. Mansingh, who has been arrested by the Police on

4.2.2021 in connection with Crime No.32/2021 registered at Police Station Excise Circle Sadalpur, District Dhar for the offence punishable under

Section 34(2) of the M.P. Excise Act.

As per the prosecution story, 195 bulk liters of country made liquor has been recovered from the joint possession of the present applicant and one

Bharatlal for which they were not having any valid license or permit.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in custody since 4.2.2021 and there is no

progress in the trial and the trial has been held up due to lockdown imposed. The offence is triable by Magistrate and the trial will take a long time to

conclude. He is the first offender. The co-accused Bharatlal has been granted bail by this Court vide order dated 23.4.2021 passed in M.Cr.C.

No.15672/2021 and he is having parity with him. He, therefore, prayed for grant of bail to the applicant.

Learned Panel Advocate appearing for the respondent/State opposes the prayer by submitting that the applicant has criminal past.

In view of the aforesaid facts and circumstances of the case and Corona-19 pandemic, without further commenting anything on the merits of the case,

it would be appropriate to enlarge the applicant on bail subject to condition.

Accordingly, this application is allowed and the applicant is directed to be released on bail upon his furnishing a personal bond in the sum of

Rs.75,000/- (Rupees Seventy Five Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his regular appearance

before the trial Court during the trial with a condition that he shall remain present before the court concerned during the trial and shall also abide by the

conditions enumerated under Section 437(3) Cr.P.C. It is made clear that the applicant shall have good conduct in future and if it is found that he is

indulged in any criminal activities, then, this bail order shall be treated as cancelled.

Before releasing the applicant from 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.