Resham Bai And Another vs State Of M.P

Rohit Arya, J

This is first bail application under Section 439 Cr.P.C. The applicants is in custody since 20.1.2021 in connection with Crime No.42/2021 registered at

P.S., Barotha, District Dewas for the offence punishable under Section 34(2) of M.P.Excise Act.

As per prosecution story, applicants were found to be in unauthorized possession of 70 bulk litres of illicit liquor unauthorizedly and illegally.

Accordingly, case has been registered.

Investigation is complete and charge-sheet has been filed. Learned counsel for the applicants submits that applicants are innocent and they have been

falsely implicated in the offence. They are not required for custodial investigation. They have no criminal antecedents. It is further submitted that

applicants have already suffered jail incarceration since 20.1.2021. Looking to the Covid-19 situation, trial is not likely to conclude early in the near

future. Hence, the applicants may be enlarged on bail on such terms and conditions this Court deems fit and proper.

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

Upon hearing learned counsel for the parties, but without touching merits of the contentions so advanced, regard being had to the fact that applicants

has suffered jail incarceration since 20.1.2021 having no criminal antecedents, not required for further custodial interrogation and due to Covid-19

pandemic, possibility of delay in conclusion of trial cannot be ruled out. Hence, they are held entitled for enlargement on bail.

Consequently, the application of the applicants filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the

applicants be released on bail on each of them furnishing personal bond in the sum of Rs.1,50,000/- (Rs.One Lac Fifty Thousand only) with separate

solvent sureties in the like amount to the satisfaction of the learned Trial Court and on the condition that they 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 applicants 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 time to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid

proliferation of Novel Corona virus (COVID-19);

(ii) the applicants shall mark their attendance before the concerned Police Station on 2nd and 4th Saturday of every month between 10.00 am to 12.00

noon.

(iii) the concerned jail authorities are directed that before releasing the applicants, the medical examination of the applicants 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 applicants shall 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.

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.