Rakesh Bhabar vs State Of Madhya Pradesh

Rohit Arya, J

This is the first bail application under Section 439 Cr.P.C. The applicant is in custody since 28.07.2021 in connection with Crime No.230/2021

registered at Police Station Excise Circle, District Dhar for the offence punishable under Section 34(2) of the M.P.Excise Act,1915.

As per prosecution story, 63 bulk litres of illicit Foreign liquor was recovered from the possession of present applicant.. Accordingly case has been

registered against the present applicant.

Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the offence. Investigation is complete and

charge-sheet has been filed. He is not required for custodial interrogation. It is further submitted that applicant has already suffered jail incarceration

since 28.07.2021. Applicant is the sole bread earner and because of his jail incarceration, his family is in penury and on the verge of starvation.

Looking to the COVID-19 situation, trial is not likely to conclude early in the near future. Hence, the applicant may be enlarged on bail.

Per contra, learned Panel Lawyer supports the order impugned and opposes the bail application with submission that a case under Section 302 of IPC

is pending.

Learned counsel for the applicant submits that in the aforesaid case the applicant has been acquitted on 31.10.2018 in S.T.No.94/2011.

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 28.07.2021 and due to Covid-19 pandemic, the possibility of delay in conclusion of trial cannot be ruled out. Hence, 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.3,00,000/- (Rupees Three Lakhs 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 of every month between 10.00 AM 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 will be released on bail in terms of the conditions imposed in this order;

(iv) 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 Panel Lawyer 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.

Registry is directed to send an e-copy of this order to the Court concerned for necessary compliance.

E-certified copy as per rules.