Ravi Shankar And Others vs State Of Madhya Pradesh

Vishal Mishra, J

This is first bail application under Section 439 Cr.P.C., filed by the applicant for grant of bail.

Applicants have been arrested by Police Station Nateran, District– Vidisha (M.P.) in connection with Crime No.70/21 registered in relation

to the offence punishable under Section 34(2) of M.P. Excise Act.

It is submitted by the counsel for the applicant that he has been falsely implicated in the case. It is alleged by the counsel for the applicant that as per

prosecution case, 60.8 bulk litres of liquor has been seized from the joint possession of the present applicants. The applicants are in custody since

23/04/2021. He fairly submits that the investigation is pending and another case also registered against the applicant no.1 Ravi Shankar at Crime

No.70/21 and against applicant no.2 Neeraj at Crime No.69/21 for minor offences in which the applicants are already on bail and they are ready to

abide by all the terms and conditions as may be imposed by this Court and looking to the present scenario of Covid-19 pandemic, learned counsel for

the applicant prays for grant of bail.

Per contra, Counsel for the State states that as per case diary the investigation is pending, however prays for its rejection.

Considering the overall facts and circumstances of the case, without commenting anything on the merit of the case, this Court deems it appropriate to

allow the bail application.

Accordingly, the application is allowed. The applicant no.1 Ravi Shankar and applicant no.2 Neeraj are directed to be released on bail on their

furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only)each with one solvent surety of like amount to the satisfaction of the

Investigation Officer/trial Court, as the case may be with submission of written undertaking and they shall abide by all terms and conditions of the

different circulars, orders as well as guidelines issued by the Central Government, State Government as well as Local Administration for maintaining

social distancing, hygiene etc. to avoid Novel Corona Virus (COVID -19) pandemic and they will have to install Arogya Setu App, if not already

installed.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicants will comply with all the terms and conditions of the bond executed by him;

The applicants will cooperate in the investigation/trial, as the case may be;

The applicants will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the cases as to

dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 . The applicants shall not involve any other offence, in case the applicants indulges himself in any other criminal case the benefit of bail as extended

by this Court shall automatically cancelled.

The applicants will not seek unnecessary adjournments during the trial; and

6 . The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

The applicants will inform the concerned S.H.O. of concerned Police Station about their residential address in the said area and it would be the duty

of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police, concerned who shall

inform the concerned SHO regarding the same. In view of the COVID-19, jail authorities are directed that before releasing the applicants, medical

examination of applicants shall be undertaken by the jail doctor and on prima facie, if it is found that they are having the symptoms of COVID-19, then

consequential followup action including the isolation/quarantine or any test if required, be ensured, otherwise applicants shall be released immediately

on bail and shall be given a pass or permit for movement to reach his place of residence.

E- copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy

for practical purposes in respect of this order.

CC as per rules