Ratan Bhilala vs State Of M. P

Rohit Arya, J

This is first bail application under Section 439 of Cr.P.C. on behalf of the applicant. The applicant is in custody since 26/03/2021 in connection with

Crime No.188/2021 registered at Police Station â€" Sendhwa, District Barwani (M.P.) for the offence punishable under Section 49-A and 34(2) of the

M. P. Excise Act.

As per prosecution story, on 24/03/2021 co-accused person namely Bhuru was found in possession of 74.5 bulk liters of liquor without any license. He

has named the present applicant in his memorandum recorded under Section 27 of the Evidence Act that he has purchased the liquor from the present

applicant. Accordingly case has been registered against the applicant and co-accused person.

Heard learned counsel for the parties and perused the case- diary.

Learned counsel for the applicant submit that the applicant is an innocent person and has been falsely implicated. He was not found in conscious

possession of the liquor so seized. He has been made accused on the strength of memo of Section 27 of Evidence Act of co-accused Bhuru who was

found to be in possession of the liquor. He is no more required for custodial interrogation. He has suffered jail incarceration since 26/03/2021. Due to

jail incarceration of the applicant, 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. Under such circumstances, the applicant deserve to be enlarged on bail on such terms and conditions, Hon'ble Court

deems fit and proper.

Per contra, learned Panel Lawyer supporting the impugned order opposes the bail application.

Upon hearing learned counsel for the parties and in the obtaining facts and circumstances but, without touching on merits of the contentions so

advanced, regard being had to the fact that the applicant is in custody since 26/03/2021, no more required for further custodial interrogation and due to

COVID-19, the possibility of delay in conclusion of trial cannot be ruled out. Hence, he is held entitled for enlargement on bail.

Consequently, the application of the applicant filed under Section 439 of the Cr.P.C., 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 Lac Only) with one solvent surety of the like amount to the satisfaction of

the trial Court, 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 Cr.P.C., with following further conditions:-

(i) the applicant shall mark his presence on 2nd and 4th Saturday of every month before the concerned Police Station between 10:00 AM to 12:00

noon;

(ii) the applicant shall furnish a written undertaking with his complete residential details that he will 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 to time in the matter of

maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(iii) the applicant shall not tamper with the evidence whatsoever in any manner or induce or threat any person acquainted with the acts of the case;

(iv) the applicant shall cooperate during trial and will not seek unnecessary adjournments during trial;

(v) the applicant shall not leave the India or the area without previous permission of the trial Court/Investigating Officer, as the case may be;

(vi) 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 including the

isolation/quarantine 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 and shall also be given pass or permit for movement to reach his place of residence.

In the event of violation of any of the terms and conditions of the order by the applicant, the prosecution is at liberty to seek cancellation of the bail

granted to the applicant.

However, it is made clear that the observation made on facts herein above are only for the purposes of deciding the instant bail application and shall

have no bearing on the pending trail, in any manner, whatsoever.

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.

E-certified copy as per rules.