Neeraj Jaiswal vs State Of M.P

Rajendra Kumar Srivastava, J

This is first bail application filed by the petitioner under Section 439 of the Code of Criminal Procedure.

The petitioner is in custody since 30.06.2021 in connection with Crime No.238/2021 registered at P.S.-Manpur, District-Umariya (M.P.) for the

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

Prosecution story, in short, is that on 28.06.2021, police officials Manpur received an information that some person are preparing liquor, thereafter

police officials reached on the spot and co-accused/Shankar was caught red handed and 60 bulk liters hand made liquor was seized from the

possession of the co-accused/Shankar. Co-accused/Shankar disclosed that petitioner/accused is also involved in this matter and petitioner/accused ran

away from the spot.

Le a r ne d counsel for the petitioner/accused submits that petitioner/accused has been falsely implicated in this case. No liquor has been seized from

the possession of present petitioner/accused. Petitioner/accused is made as an accused on the basis of memorandum of co-accused/Shankar. Except

the memorandum of co-accused, no other material is available on the recod against the petitioner/accused. Petitioner/accused has no previous criminal

antecedent, so there is no probability to repeat the offence. Petitioner/accused is in custody since 30.06.2021, investigation is complete, no further

custodial interrogation is required in this case. It is time of COVID-19 pandemic, due to this, trial will take time for its final disposal. There is no

probability of his absconding or tampering with the evidence of prosecution witness. On these grounds, learned counsel for the petitioner prays for

allowing this bail application.

Per-contra, learned Panel Lawyer opposes the bail application.

Considering the contention of both the parties and this fact that petitioner/accused has no previous criminal antecedent, no liquor has been seized from

the possession of present petitioner/accused, petitioner/accused is made as an accused on the basis of memorandum of co-accused/Shankar. Except

the memorandum of co-accused, no other material is available on the record against the petitioner/accused, petitioner/accused is in custody since

30.06.2021, investigation is complete, no further custodial interrogation is required in this case, it is time of COVID-19 pandemic, due to this, trial will

take time for its final disposal, there is no probability of his absconding or tampering with the evidence of prosecution witness.

 In view of the aforesaid, it would not be appropriate to keep the petitioner/accused in jail during whole trial. Therefore, without commenting on

merits of the case, application of the petitioner under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.

It is directed that petitioner- Neeraj Jaiswal be released on bail on his furnishing a personal bail bond in the sum of Rs. 50,000/- (Rupees Fifty

Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before the trial Court on the

dates given by the concerned Court. It is directed that the petitioner shall comply with the provisions of Section 437(3) of the Cr.P.C. In view of the

outbreak of 'Corona Virus disease (COVID-19)' the petitioner shall also comply the rules and norms of social distancing.

Further, in view of the order passed by the Hon'ble Supreme Court i n suo motto W.P.No.1/2020, it would be appropriate to issue the following

direction to the jail authority :-

The Jail Authority shall ensure the medical examination of the petitioner by the jail doctor before his release.

2 . The petitioner shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3 . If it is found that the petitioner is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in

appropriate quarantine facility.

Certified copy as per rules.