Roopsingh And Narendra Singh vs State Of M. P

Rohit Arya, J

This is first bail application under Section 439 of Cr.P.C. on behalf of the applicants. The applicants are in custody since 15/04/2021 in connection with

Crime No.87/2021 registered at Police Station â€" Boda, District Rajgarh for the offence punishable under Section 34(2) of the M. P. Excise Act.

As per prosecution story, the applicants were found to be in unauthorized possession of 72 bulk liter of liquor without any valid licence. Accordingly,

case has been registered.

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

Learned counsel for the applicants submit that the applicants are innocent persons and have been falsely implicated. They are no more required for

custodial interrogation. They have suffered jail incarceration since 15/04/2021. Due to jail incarceration of the applicants, their families are 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 applicants 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 applicants are in custody since 15/04/2021, 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, they are held entitled for enlargement on bail.

Consequently, the application of the applicants filed under Section 439 of the Cr.P.C., is hereby allowed. It is directed that the applicants be released

on bail on their each furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with separate 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 applicants shall mark their presence on 2nd and 4th Saturday of every month before the concerned Police Station between 10:00 AM to 12:00

noon;

(ii) the applicants 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 applicants 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 applicants shall cooperate during trial and will not seek unnecessary adjournments during trial;

(v) the applicants 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 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 including the

isolation/quarantine 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 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 applicants, the prosecution is at liberty to seek cancellation of the bail

granted to the applicants.

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.