Ramsingh vs State Of M.P

Vivek Rusia, J

This is first application filed under Section 439 of Cr.P.C. by the applicant â€" Ramsingh S/o. Rameshchandra, who is in custody since 8.6.2021 in

connection with Crime No.176/2021 registered at Police Station-Sunera, District-Dhar for the offence punishable under Section 34(2) of the M.P.

Excise Act.

As per the prosecution story, 54 bulk liters of country made liquor has been recovered from the joint possession of the applicant and one Qadir for

which they were not having any valid license or permit.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in custody since 8.6.2021. The offence is

triable by Magistrate and the trial will take a long time to conclude. He is the first offender. The co-accused-Qadir has already been granted bail by

this Court vide order dated 07.07.2021 passed in M.Cr.C. No.31930/2021. Under these cirsumstances, learned counsel prays for grant of bail to the

applicant.

Since last 25 minutes no-one is present on behalf of the respondent/State through video conferencing despite repeated call by the Reader of the Court

therefore, I have no reason to disbelieve the statement made by the counsel for the applicant.

In view of the aforesaid facts and circumstances of the case, without further commenting anything on the merits of the case, it would be appropriate

to enlarge the applicant on bail subject to condition.

Accordingly, this application is allowed and the applicant is directed to be released on bail upon his furnishing a personal bond in the sum of

Rs.40,000/- (Rupees Forty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his regular appearance before

the trial Court during the trial with a condition that he shall remain present before the court concerned during the trial and shall also abide by the

conditions enumerated under Section 437(3) Cr.P.C. It is made clear that the applicant is found indulged in the similar offence in future, then, this bail

order shall be treated as cancelled.

Before releasing the applicant from custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID -19

infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

Certified copy as per rules.