Rajesh @ Rinku vs State Of M.P

Rajeev Kumar Shrivastava, J

I.A. No.831/2021, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

Applicant has been arrested on 22/12/2020 by Police Station Veerpur, District Sheopur(M.P.) in connection with Crime No.115/2020 registered for

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

Learned counsel for the applicant- Rajesh @ Rinku has submitted that the applicant has not committed any offence. He has been falsely implicated in

this case. The applicant is in custody since 22/12/2020. It is further submitted that the allegation of recovery of 54 bulk liters of illicit liquor from the

possession of the applicant is false. He is aged around 36 years. There is no criminal history against the present applicant. The applicant is ready and

willing to abide by any condition which may be imposed by this Court. Hence, prays for grant of bail. He further undertakes to abide by all the terms

and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding

measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.

Per contra, learned State counsel has vehemently opposed the submissions and prayed for rejection of the bail application of the applicant.

Heard learned counsel for the parties at length through Video Conferencing and considered the arguments advanced by them and perused the

available case diary.

Considering the facts and circumstances of the present case, without commenting on merits of the case, the application is allowed and it is hereby

directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety

of the like amount to the satisfaction of the Court concerned for his regular appearance before the Court concerned on the dates fixed by the Court

concerned.

In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his Corona Virus test shall be conducted and if it is

found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if his test is

found positive then the applicant shall be immediately sent to concerning hospital for his treatment as per medical norms. If the applicant is fit for

release and if he is in a position to make his personal arrangements, then he shall be released only after following the guidelines issued by local

administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State

Govt. or Local Administration for combating the Covid19. If it is found that the applicant has violated any of the instructions (whether general or

specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local

Administration/Police Authorities shall immediately take him in custody and would send him to the same jail from where he was released.

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

The applicant shall not commit an offence similar to the offence of which he is accused. In case of repetition of offence, this bail order shall

automatically stand cancelled;

The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

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

The applicant will inform the SHO of concerned Police Station about his residential address in the said area and it would be the duty of the State

Counsel to send E-copy of this order to SHO of concerned Police Station for information.

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for compliance.

Certified copy/ e-copy as per rules/directions.