Raju Batham vs State Of Madhya Pradesh

Rohit Arya, J

This is first bail application under Section 439 Cr.P.C. filed on behalf of the applicant. The applicant is in custody since 18/11/2021 in connection with Crime No. 248/2021 registered at P.S., Narwar, District-Shivpuri (M.P.) for the offence punishable under Section 34(2) of M.P. Excise Act.

As per prosecution story, present applicant was found to be in illegal and unauthorized possession of 60 bulk litres of illicit country made liquor. Accordingly, case has been registered against the applicant.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the offence. Applicant is in custody since 18/11/2021. Investigation is over. Challan has been filed. Applicant is no more required for custodial investigation. Applicant is the sole bread earner and due to his jail incarceration, family is in penury. Moreso, looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Under such circumstances, the prayer for grant of bail may be considered on such terms and conditions as this Court deems fit and proper.

P er contra, learned Public Prosecutor opposes the bail application supporting the order impugned. However, he fairly submits that applicant does not have criminal antecedents.

Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that the applicant is in jail since 18/11/2021, investigation is over, challan has been filed, he is no more required for custodial investigation and due to Covid-19 pandemic, the possibility of delay in conclusion of trial cannot be ruled out. Hence, the applicant is held entitled for enlargement on bail.

Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the applicant be released on bail on furnishing personal bond in the sum of Rs. 1,00,000/- (Rupees One Lakh Only) with one solvent surety in the like amount to the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437 (3) of Criminal Procedure Code,1973 with following further conditions:

(i) the applicant shall mark his attendance before the concerned police station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 noon.

(ii) the applicant shall abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from time-to-time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(iii) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required, be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order;

(iv) on violation of conditions, State is free to apply for cancellation of bail.

(v) in future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases or misuse the bail granted by this Court, this bail order shall stand cancelled automatically;

Learned Public Prosecutor is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action.

E-certified copy as per rules.