Mukesh Ahirwar & Anr. vs State Of Madhya Pradesh

S.A.Dharmadhikari, J

The applicants have filed this first application under section 439 of the Cr.P.C. for grant of bail.

The applicants have been arrested on 28.03.2021 by Police Station- Kotwali, District Vidisha in connection with Crime No.124/2021 registered in

relation to the offence punishable under Section 34 (2) of M.P. Excise Act.

According to the prosecution case, on an information given by an informer, the police reached at the spot and seized 60 ltr. of country made liquor

from joint possession of the applicants, for which they did not possess any valid license. On the basis of aforesaid, crime has been registered.

Learned counsel for the applicants submits that the applicants have been falsely implicated in the case. They are in custody since 28.03.2021. Offence

is triable by JMFC. Disposal of the matter will take long time. It is further submitted that trial is held up due to COVID-19 and the applicants cannot

be kept in custody for an unlimited period without any substantial reason. It is further submitted that in view of outbreak of COVID-19, detention of

the applicants in already congested prison may be detrimental. The applicants are permanent resident of District Vidisha (M.P.) and there is no

possibility of his absconsion or tampering with the prosecution evidence. The applicants are ready to abide by all the terms and conditions as may be

imposed by this Court. Under these grounds, applicant prays for grant of bail.

Learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the

material available on record, no case for grant of bail is made out.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

Considering the overall facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-

trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicants.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicants be released on bail on

furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) each with one local surety of the like amount each to the

satisfaction of the trial Court/committal Court for their appearance on the dates given by the concerned Court.

The applicants shall also furnish a written undertaking before the concerned court that they will abide by the terms and conditions of various circulars,

as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social

distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

This order will remain operative subject to compliance of the following conditions by the applicants :-

The applicants will comply with all the terms and conditions of the bond executed by them.

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

The applicants will not indulge 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 applicants shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically

without further reference to the Bench.

The applicants will not seek unnecessary adjournments during the trial; and

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

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

Certified copy as per rules.