Ravi vs State Of MP

Vijay Kumar Shukla, J

This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.708/2021 registered at Police

Station Kanadia, Indore (M.P.) under Section 34(2) of the M.P. Excise Act.

It is alleged that applicant and co-accused were travelling in a car which was carrying 117 liters of illicit liquor. From the possession of applicant, car

has been seized and from the co-accused, 9 liters illicit liquor has been seized.

Counsel for the applicant submits that applicant is in jail since 23.11.2021. He has no criminal antecedents. Investigation is complete and chargesheet

has been filed. In these circumstances, the applicant be released on bail.

Learned counsel for State opposes the bail application.

Taking into consideration the aforesaid submission and the fact that investigation has already been completed and chargesheet has been filed and

applicant has no criminal antecedents, I am of the view that applicant is entitled for bail. Therefore, without expressing any view on the merits of the

case, the application is allowed.

It is directed that applicant- Ravi shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with

one surety of the like amount to the satisfaction of the trial court.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19

VIRUS IN PRISONS in SUO MOTU ""W.P. (C) No.1/2020"" and ensure that the applicant is examined by the jail doctor before his/her release. If the

applicant shows symptoms of COVID-19, the doctor shall forthwith direct him/her to be produced before the appropriate hospital designated for the

detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall

ensure his /her ransportation from the jail till his place of residence.

It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled

automatically without reference to the Court and the Police will be at liberty to arrest the applicant.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station

concerned. The office is requested to forward a copy of this order to the Court below.