Lakhan vs State Of MP

Rajeev Kumar Shrivastava, J

This is the second bail application u/S.439 Cr.P.C filed by the applicants for grant of bail. The first application was dismissed as withdrawn on

18.01.2021at the very outset.

Applicant has been arrested on 21.12.2020 by Police Station Dehat, Basoda, District Datia (MP) in connection with Crime No.521/2020 registered for

the offence punishable under section 49(A) of Excise Act.

As per prosecution story, 9 bulk litres of illicit liquor has been recovered from the possession of the applicant for which he has no license.

It is submitted by learned counsel for the applicant that the applicant has falsely been implicated in this case, he has not committed any offence. It is

further submitted that there is no criminal antecedents against the applicant. Now, investigation is complete and charge sheet has been filed and the

trial will take its own time, hence prayed for grant of bail.

Per contra, State Counsel has vehemently opposed the bail application and has submitted that FSL report has not been received. It is further submitted

that nine litre liquor not fit for human consumption has been recovered from the possession of the present applicant, hence prayed for rejection of the

application.

Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the available case-diary.

Considering the facts and circumstances of the case, without commenting upon the merits of the case, the application is allowed and it is hereby

directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000 (Rupees One Lac only) with one

solvent surety of the like amount to the satisfaction of the Court concerned for his regular appearance before the Court concerned on the dates fixed

by the Court concerned.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the applicant, his/her Corona Virus test shall be conducted and

if it is found negative, then the concerned local Administration shall make necessary arrangements for sending the applicant to his/her house, and if

his/her test is found positive then the applicant shall be immediately sent to concerning hospital for his/her treatment as per medical norms. If the

applicant is fit for release and if he/she is in a position to make his/her personal arrangements, then he/she shall be released only after taking due travel

permission from local administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the

Central Government/State Government or Local Administration for combating the COVID-19. If it is found that the applicant has violated any of the

instructions (whether general or specific) issued by the Central Government/State Government or Local Administration, then this order shall

automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him/her in custody and would send him/her to the

same jail from where he/she was released.

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

The applicant/s will comply with all the terms and conditions of the bond executed by him/her;

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

The applicant/s will not indulge himself/herself/themselves in extending inducement, threat or promise to any person acquainted with the facts of the

case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant/s shall not commit an offence similar to the offence of which he/she is accused; in case of repetition of any offence, this bail order

shall stand cancelled automatically;

The applicant/s will not move in the vicinity of complainant party and applicant/s will not seek unnecessary adjournments during the trial;

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

The applicant/s will inform the SHO of concerned Police Station about his/her/their residential address in the said area and it would be the duty of

the State Counsel to send E-copy of this order to SHO of concerned Police Station for information.

Applicants shall mark his presence before the SHO of the concerned Police Station once in every week (every seven days) till conclusion of the

trial. The concerned SHO is directed to submit attendance report of the applicant before the Principal Registrar of this Court once in every quarter of

a year.

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court.

Certified copy/ e-copy as per rules/directions.