Rahul Singh vs State Of Madhya Pradesh

Vishal Mishra, J

The applicant has filed this first application under Section 439 Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station City Kotwali, District Morena in connection with Crime No.560/2021 registered in relation to the

offence punishable under Sections 34 (2) and 47 (A) of M.P. Excise Act, 1915.

It is submitted by counsel for the applicant that he is in custody since 14.05.2021 and as per the prosecution case 691 liters of liquor has been seized

from the applicant and co-accused. Learned counsel for the applicant further submits that the applicant has been made accused on the basis of

memorandum of other co-accused person recorded under section 27 of the Evidence Act. Applicant is the first offender. Co-accused Harvinder Singh

has been enlarged on bail vide order dated 25.05.2021 passed in M.Cr.C.No.25645/2021. Applicant claims parity with co-accused Harvinder Singh.

Per contra, counsel for the State has opposed the application but applicant is the first offender is not disputed by the State counsel.

Considering the overall facts and circumstances of the case and the fact of parity with co-accused and looking to the scenario of Covid pandemic -19,

this Court deems it appropriate to allow this application subject to the verification of the fact that applicant is the first offender. Accordingly, the

application is allowed. The applicant is directed to be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand

Only) with one solvent surety of like amount to the satisfaction of the Investigation Officer /trial Court, as the case may be with submission of written

undertaking and he shall abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government,

State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID -19) pandemic

and he will have to install Arogya Setu App, if not already installed.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

In case of involvement in any other offence, the bail granted by this Court, his bail application shall automatically cancelled.

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of

the Panel Lawyer, to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police, concerned who shall inform

the concerned SHO regarding the same.

In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the

jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the

isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for

movement to reach his place of residence.

Copy of this order be sent to the trial Court concerned for compliance. mani