Rajjan Kevat vs State Of M.P

Vishal Mishra, J

The applicant has filed this third application u/S.439 Cr.P.C. for grant of bail. The applicant has been arrested on 05.12.2020 by Police Station Excise,

District Ashoknagar in connection with Crime No.284/2020 registered in relation to the offence punishable u/S. 34 (2) of the Excise Act, 1915.

It is submitted by the counsel for the applicant that first bail application was dismissed as withdrawn by this Court vide order dated 04.01.2021 passed

in M.Cr.C.No.51120/2020. The second bail application was dismissed as withdrawn vide order dated 09.02.2021 in M.Cr.C.No.5568/2021. 57 litre of

illicit liquor has been recovered from the possession of the present applicant. The charge sheet has been filed on 28.01.2021. The applicant is in

custody since 05.12.2020. The applicant is ready to abide by all the terms and conditions that may be imposed by this court while considering the

application for grant of bail. The applicant has also shown his willingness to render social services during this pandemic Covid-19. There is no

possibility of his absconding or tampering with the prosecution case. Under these circumstances and looking to the custody, learned counsel for the

applicant prays for grant of bail to the applicant.

Per contra, learned Govt. Advocate for the State has opposed the bail application stating that the applicant is having criminal history of 12 cases

registered against him. Eight cases are of Section 34 of the Excise Act. Three cases is of Gambling Act and one case is of Section 498 of IPC. Fine

amounts have been paid. However, filing of charge sheet is not disputed by State counsel.

Considering the overall facts and circumstances of the case and looking to the custody period of the applicant, this Court deems it appropriate to allow

this application.

The application is allowed. The applicant is directed to be released on bail on furnishing surety bond of Rs.1,00,000/- (Rs. One Lac Only) with one

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

and the applicant will 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;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not move in the vicinity of complainant party and the 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.

As the applicant has shown his willingness to render his services during this pandemic Covid-19, he is directed to register himself as Covid Warrior

in the Office of the Collector, District Ashoknagar and the applicant is also directed to render his services in District Hospital, Ashoknagar for three

months from the date of release under the supervision of Superintendent of District Hospital, District Ashoknagar. The report of rendering the

services be furnished to the Collector, District Ashoknagar periodically.

In case of involvement of the present applicant in any other offence, the benefit of bail granted by this Court shall stand cancelled automatically.

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 Govt. Advocate to send E-copy of this order to SHO of concerned police station as well as the concerning Superintendent of Police who shall

inform the concerned SHO regarding the same.

Application stands allowed.

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.

Certified copy as per rules.