Mahendra Singh vs State Of MP

Rajeev Kumar Shrivastava, J

I.A. No.5753/2021, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

The applicant has filed this second bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 31/12/2020 by Police Station

Purani Chhawni, Distt. Gwalior (M.P.) in connection with Crime No.479/2020 registered for offence under Section 34(2) of Excise Act.

It is submitted by learned counsel for the applicant- Mahendra Singh that the applicant has not committed any offence. He has falsely been implicated

in this case. Applicant is in custody since 31/12/2020, i.e. for more than two months. Learned counsel for the applicant submits that the allegation o f

recovery of 60 bulk litres of liquor along with raw material for making liquor from the possession of the applicant is false. It is further submitted that

there is no criminal antecedent against the present applicant. Now investigation is complete and charge-sheet has been filed. Applicant is ready to

abide by any condition which may be imposed by this Court. Hence, prays for grant of bail to the present applicant. He further undertakes to abide by

all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration

regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.

Learned State counsel has vehemently opposed the application and has submitted that total 60 litre liquor along with raw material for making liquor has

been seized from the possession of the applicant. Hence, prays for rejection of this application filed for grant of bail to the applicant.

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

Considering the facts and circumstances of the present 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 personal bond of Rs.75,000/- (Rupees Seventy Five Thousand 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 month 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 disposed of in above terms.

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

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