Rahul And Others vs State Of MP

Vijay Kumar Shukla, J

These are first applications under Section 439 of the Cr.P.C. filed on behalf of the applicants in connection with Crime No.52/2021 registered at

Police Station Excise Department, Ratlam (M.P.) under Sections 34(2) of the Excise Act.

It is alleged that the 180 litres of liquor has been seized from the car. It is further alleged that the present applicants were also traveling in the said car

and fled from the car, when the police reached on the spot.

Learned counsels for the applicants submit that the applicants were not aware that the liquor was being transported in the said vehicle. It is further

submitted that the charge sheet has been filed and there are no criminal record of the applicants.

Learned counsel for the respondent/state opposed the prayer.

However, he submits that there are no criminal record of the applicants.

Considering the aforesaid and the fact that the charge sheet has been filed and the applicants have no criminal record , I find prima facie case is made

out for grant of bail. Therefore, without expressing any view on the merits of the case, the applications are allowed.

It is directed that Applicants- Rahul S/o Hemant Sharma and Jitendra S/o Motilal Gehlot shall be released from custody upon furnishing a personal

bond of Rs.50,000/- (Rupees Fifty Thousand Only) each with one surety each of the like amount to the satisfaction of the Ld. Court below.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19

VIRUS IN PRISONS in SUO MOTU ""W.P. (C) No.1/2020"" and ensure that the applicant is examined by the jail doctor before his release. If the

applicant shows symptoms of COVID-19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the

detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall

ensure his transportation from the jail till his place of residence.

It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled

automatically without reference to the Court and the Police will be at liberty to arrest the applicant.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station

concerned. The office is requested to forward a copy of this order to the Ld. Court below.