Neeraj Kumar Sahu vs State Of M.P

Mohd. Fahim Anwar, J

This is first bail application under Section 439 of Cr.P.C., in connection with Crime No.769/2020, registered at Police Station Sarai, District Singrauli,

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

The case of the prosecution is that about 79 liters of country made liquor was recovered from the possession of applicant.

Learned counsel for applicant submitted that the applicant is an innocent person and he has falsely been implicated in the present offence. The

applicant is ready to furnish bail as per the order and shall abide by all conditions as may be imposed by the Court. He further submits that the

applicant is in jail since 13.11.2020 and the trial will take time for its final disposal. On these grounds, learned counsel for the applicant prays for grant

of bail to the applicant.

Learned counsel for the respondent/State opposed the bail application and submitted that the applicant is having criminal antecedents and as many as

three crime numbers have been registered against him.

Though applicant is reported to be having antecedents of three criminal cases, but it appears that all the cases are related with the offence punishable

under section 34(1) of the Excise Act.

Considering the facts and circumstances of the case, the fact that the applicant is in judicial custody since 13.11.2020 and the exigency of Covid-19

disease, I am of the considered view that it is a fit case to release the applicant on bail.

Consequently, the application is allowed. It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of

Rs.30,000/- (Rupees thirty thousand only) with one surety of the like amount to the satisfaction of the committal/trial Court to appear before the Court

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

In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply with the rules and norms of social distancing. Further,

in view of the order passed by the Hon'ble Supreme Court suo moto in 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 applicant by the jail Doctor before his release.

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

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

appropriate quarantine facility.

This M.Cr.C. stands allowed and disposed of. C.C., as per rules.