Prakash Kushwaha vs State Of MP

Vivek Rusia, J

This is first bail application under Section 439, Cr.P.C. for grant of bail in connection with Crime No.12/2021, Police-Station-Biaora Dehat, District-Ratlam for commission of the offence under Section 34(2) of the M.P. Excise Act.

As per prosecution case, 80 bulk liters of country made liquor has been recovered from the possession of the applicant and on the basis of which the case has been registered against the applicant.

Learned counsel for the applicant has submits that applicant is first offender and he has falsely been implicated in the present case. The offence is triable by Judicial Magistrate First Class. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned panel lawyer for the respondent/State opposes the bail application.

Considering the facts and circumstances, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Before releasing the applicant from the 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.

Certified copy as per rules.