Rahul Kuchbandiya vs State Of Madhya Pradesh

Rajendra Kumar Srivastava, J

This is first bail application filed on behalf of the applicants under Section 439 of the Code of Criminal Procedure.

The applicant is in custody since 16.10.2020 in connection with Crime No.778/2020 registered at Police Station-Gadarwara District-Narsinghpur

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

As per prosecution case, on 16.10.2020, 60 bulk liters of hand m a d e liquor (Bhatti) were seized from the possession of present applicant-accused.

Le arned counsel for the applicant/accused submits that applicant/accused is innocent and has been falsely implicated in this case. No liquor was

seized from his possession. Applicant/accused has no previous criminal antecedent under Section 34(2) of MP Excise Act, so there is no probability to

repeat the offence by him. Applicant is in jail since 16.10.2020. Charge-sheet has been filed. Applicant/accused is a labourer and bread earner of his

family, if he will be kept in custody for unlimited period then his family future will be spoiled. It is time of COVID-19 Pandemic due to which further

proceedings of trial is withheld, so trial will take time to conclude. There is no probability of his absconding or tampering with the evidence of the

prosecution. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.

P.L. for the respondent/State submits that he has some previous criminal antecedent, therefore, he is not entitled for grant of bail.

Considering the contention of both the parties and this fact that applicant/accused has no previous criminal antecedent under Section 34(2) of MP

Excise Act, so there is no probability to repeat the offence by him, applicant/accused is a labourer and bread earner of his family, it is time of COVID-

19 so further proceedings of trial is withheld, so trial will take time for its final disposal, applicant is in jail since 16.10.2020, charge-sheet has been

filed, there is no probability of his absconding or tampering with the evidence of the prosecution, so it would not be proper to keep the applicant-

accused in jail whole the trial, therefore, without commenting on merits of the case, application of the applicant under Section 439 of the Cr.P.C.

seems to be acceptable. Consequently, it is hereby allowed.

It is directed that applicant-Rahul Kuchbandiya be released on bail on his furnishing bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only)

with one solvent surety of the same amount to the satisfaction of the concerned trial Court for his appearance before the trial Court on the dates given

by the concerned Court. It is directed that the applicant 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 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 in suo moto 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.

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

3 . 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.

Certified copy as per rules.