Lakhan Adiwasi vs State Of Madhya Pradesh

S.A.Dharmadhikari, J

The applicant has filed this first application under section 439 of the Cr.P.C. for grant of bail.

The applicant has been arrested on 12.04.2021 by Police Station- Thatipur, District Gwalior (M.P.) in connection with Crime No.239/2021 registered

in relation to the offence punishable under Sections 49-A of Excise Act.

Allegation against the applicant, in short, is that the police has recovered 09 bulk liters of country made liquor from the possession of the applicant,

which is not fit for human consumption. On the basis of aforesaid, crime has been registered.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in custody since 12.04.2021. The offence

alleged is triable by JMFC. Disposal of the matter will take long time. It is further submitted that trial is held up due to COVID-19 and the applicant

cannot be kept in custody for an unlimited period without any substantial reason. It is further submitted that in view of outbreak of COVID-19,

detention of the applicant in already congested prison may be detrimental. The applicant is a permanent resident of District Gwalior (M.P.) and there

is no possibility of his absconsion or tampering with the prosecution evidence. The applicant is ready to abide by all the terms and conditions as may be

imposed by this Court. Under these grounds, applicant prays for grant of bail.

Learned Public Prosecutor for the State opposed the application by contending that on the basis of the allegations and the material available on record,

no case for grant of bail is made out. It is submitted by the Public Prosecutor that the sample has been sent for chemical analysis, but the FSL report

has not been received. On these grounds, he prays for rejection of bail.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

Considering the overall facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-

trial detention being an anathema to the concept of liberty so also considering the fact that in view of second wave of COVID-19 pandemic and with a

need to decongest the jail, which are the potential hot spots for spread of infection, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant, namely; Lakhan

Adiwasi be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one local surety of the like

amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

The applicant shall also furnish a written undertaking before the concerned court that he will abide by the terms and conditions of various circulars, as

well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing,

physical distancing, hygiene etc. to avoid proliferation of Corona virus.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by him.

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

It is directed that in case, if it is found in the FSL report that the seized liquor was unfit for human consumption, then this order shall automatically

stand recalled and the applicant shall surrender before the concerning trial Court immediately and in case, if he does not surrender, then the trial Court

shall be at liberty to take him into custody.

The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically

without further reference to the Bench.

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.