Mahesh S/O. Unkarlal Taank vs State Of M.P

Vivek Rusia, J

This is first application filed under Section 439 of Cr.P.C. by the applicant â€" Mahesh S/o. Unkarlal Taank, who has been arrested by the Police on

6.4.2021 in connection with Crime No.207/2021 registered at Police Station Bilpank, District Ratlam for the offence punishable under Section 34(2) of

the M.P. Excise Act.

As per the prosecution story, the police has recovered bulk liters of the country made liquor from the possession of co-accused Gopal @ Gopi. The

police has recorded his statement u/s. 27 of the Evidence Act in which he has disclosed the name of present applicant and accordingly he has been

made accused in this case.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in custody since 6.4.2021 and there is no

progress in the trial and the trial has been held up due to lockdown imposed. The offence is triable by Magistrate and the trial will take a long time to

conclude. Except memorandum u/s. 27 of the Evidence Act, no material has been collected by the police against the present applicant. He, therefore,

prayed for grant of bail to the applicant.

Learned Panel Advocate appearing for the respondent/State opposes the prayer by submitting that the applicant has criminal past.

In view of the aforesaid facts and circumstances of the case and Corona-19 pandemic, without further commenting anything on the merits of the case,

it would be appropriate to enlarge the applicant on bail subject to condition.

Accordingly, this application is allowed and the applicant is directed to be released on bail upon his furnishing a personal bond in the sum of

Rs.40,000/- (Rupees Forty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his regular appearance before

the trial Court during the trial with a condition that he shall remain present before the court concerned during the trial and shall also abide by the

conditions enumerated under Section 437(3) Cr.P.C.

Before releasing the applicant from custody the jail authorities are directed to medically examine him 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.