Munendra Kushwah vs State Of MP

Nandita Dubey, J

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of Covid-19

outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

Case diary is perused.

The applicant has filed this first bail application u/S.439 of the Cr.P.C for grant of bail. Applicant has been arrested on 15.11.2020 by Police Station

Gohad Chauraha, District Bhind, in connection with Crime No.220/2020 for the offence punishable under Sections 34 (2) of the Excise Act.

It is the submission of learned counsel for the applicant that applicant is in custody since 15.11. 2020. It is submitted that 59 bulk liters of country made

liquor has been seized from the possession of present applicant. It is submitted that charge-sheet has already been filed and trial is going to take long

time to conclude. Further custodial interrogation is not required. Counsel for the applicant further submits that in view of COVID-19, outbreak

detention of applicant in already congested prisons may be detrimental. The applicant is ready to abide by all the terms and conditions as may be

imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.

Learned counsel for the State opposed the prayer, however, he fairly submits that applicant does not bear any criminal record.

Considering the period of custody as well as the fact that applicant does not bear any criminal record, this court intends to give benefit of bail to the

applicant.

Accordingly, without expressing any opinion on the merits of the case, this application is allowed. It is hereby directed that the applicant shall be

released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) along with one solvent surety of the like amount to the

satisfaction of trial Court.

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

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

The applicant 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.

Applicant will not seek unnecessary adjournments during trial;

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

The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to

time by the Supreme Court, the Central Govt. and as well as the State Govt. during release, travel and residence of the petitioner during period of bail

as a consequence of this order.

Learned Panel Lawyer is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and

necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court.

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