Mahendra vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

This is first application under Section 439 of CrPC for grant of bail.

The applicant has been arrested on 19/12/2020 in connection with Crime No.304/2020 registered at Police Station Noorabad, District Morena for offence under Sections 49-A and 34(2) of the Excise Act.

It is submitted by learned counsel for applicant Mahendra that the applicant has been falsely implicated. He has not committed any offence. The allegation of recovery of 65 bulk litres of poisonous O.P. Alchohol from the possession of the applicant is false. It is further submitted that the applicant is in jail since almost three months. It is further submitted that co-accused persons, namely, Lalchand, Narottam and Anju have already been granted bail by this Court vide order dated 15/3/2021 passed in M.Cr.C. Nos.9367/2021 and 11044/2021. Investigation is complete and charge-sheet has been filed. Trial will take its own time. Hence, he seeks parity and prays for grant of bail to the applicant.

Per contra, learned State counsel has opposed the bail application and prayed to reject the same.

Heard learned counsel for the rival parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the applicant, without commenting on merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his 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 house, and if his test is found positive then the applicant shall be immediately sent to concerning hospital for his treatment as per medical norms. If the applicant is fit for release and if he is in a position to make his personal arrangements, then he 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 Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the applicant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him in custody and would send him to the same jail from where he was released.

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

The applicant shall not commit any offence similar to the offence of which he is accused. In case of repetition of same nature of offence, this bail order shall automatically stand cancelled;

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

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

7 . The applicant will inform the SHO of concerned police station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information.

The applicant shall mark his presence before the SHO of the concerned Police Station once in every fortnight (every fifteen 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.

Looking to the repeated commission of offence under Sections 34(2), 49-A of Excise Act, prosecution is hereby specifically directed to make available the criminal antecedents of the applicant concerned positively along with case diary.

Application stands allowed and disposed of.

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

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