Shambhu Mogia vs State Of M.P

S.A.Dharmadhikari, J

The applicant has filed this first application u/S 439, Cr.P.C. for grant of bail.

The applicant has been arrested on 01/08/2021 by Police Station Kolaras District Shivpuri (M.P.), in connection with Crime No.341/2021 registered in relation to the offence punishable under section 34(2) of the Excise Act.

Allegations against the applicant, in short, are that on the basis of information received from the informer, the police apprehended the applicant and recovered from his possession 60 bulk litres of country made liquor. On the basis of aforesaid, crime has been registered against the applicant.

Learned counsel for the applicant submits that the applicant is aged about 36 years and has been falsely implicated in the matter. He is in custody since 01/08/2021. He is not involved in the alleged offence. The offence is triable by JMFC. Attention has also been invited to the guidelines issued to all the States and Union Territories by the Apex Court for de-congesting the prisons in suo motu W.P. (C) No. 1/2020 (IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS) to consider release of prisoners who have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less by constituting a High Powered Committee as well as according to the directions issued by the Division Bench at Principal Seat Jabalpur in WP No.9320/2021, applicant is entitled to be released on bail.. Applicant has no criminal antecedents.

Applicant is a permanent resident of District Shivpuri (M.P.) and there is no likelihood of his absconsion or tampering with the prosecution evidence. With the aforesaid submissions, prayer for grant of bail is made.

Learned Public Prosecutor opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

Considering the overall facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with a local surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

The applicant shall also furnish a written undertaking before the concerned Court that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

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

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

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

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.

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

Certified copy as per rules.