Laltabai vs State Of M.P

Vivek Rusia, J

This is the First application filed under section 439 Cr.P.C seeking bail in connection with Crime No.175/2021 registered at police station Khujner,

District Rajgarh for the offence punishable under section 34(2) of M.P. Excise Act.

As per prosecution case, on 19.05.2021, on the basis of secret information, police seized 60 liters illicit liquor from the possession of the applicant. On

that basis the aforesaid offence has been registered against her.

Learned counsel for the applicant submits that applicant is innocent and she has falsely been implicated in the present crime. The offence registered

against the applicant is triable by the Judicial Magistrate First Class. The applicant is in custody since 19.05.2021. Investigation is over, charge-sheet

has been filed. Conclusion of trial will take sufficient long time. Learned counsel for the applicant undertakes to donate 15 surgical hand gloves and 15

N-95 masks to Police Station- Khujner for the use of police personnel.

Learned Panel Lawyer opposes the bail application and prays for its rejection.

Considering the facts and circumstances of the case but without commenting on the merit of the case, the application is allowed and he is directed to

be released on bail upon his furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand only) with surety in the like amount to the

satisfaction of the Trial Court for his appearance before that Court during the pendency of trial and shall also abide by the conditions enumerated

under section 437(3) Cr.P.C.

Before releasing the applicants from custody, the jail authorities are directed to medically examine 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.