Keshav S/O Dilip Rathod 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.174/2021 registered at police station Malharganj,

district Indore for the offence punishable under section 49A of the M.P Excise Act.

As per prosecution case 5 liters of country made illicit spurious liquor has been recovered from the possession of the applicant.

Learned counsel for the applicant submits that applicant who is a youth aged 21 years of age has been falsely implicated in the offence. There is no

FSL report on record regarding the nature of the contraband. The applicant is in custody since 27.03.2021. 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.

Considering the facts and circumstances of the case, period of custody and the fact that there is no FSL report on record, 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.