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Judgment
Vivek Agarwal, J
This is first application filed under Section 439 of the Code of Criminal Procedure, 1973 (for brevity ""Cr.P.C"") for grant of bail to the applicant, who is
in custody since 1.12.2021 in connection with Crime No.844/2021 registered at Police Station Kotwali, District Jabalpur for the offence punishable
under Section 34(2) of M.P.Excise Act, 1915.
The allegation against the present application that 60 bulk litre of country made liquor was seized from his unauthorized possession.
Learned counsel for the applicant submits that applicant is innocent. He has been falsely implicated in this case. He is in custody since 1.12.2021.
Investigation is complete. Charge sheet has been filed. Hence, prayer is made to enlarge the applicant on bail.
Learned Panel Lawyer for the non-applicant/State opposes the application. She submits that there is a criminal history of six cases against the present
applicant but none of them is under the provisions of Excise Act. In all other cases, he has been released on bail and this is first case under the Excise
Act.
After hearing counsel for the parties and considering other facts & circumstances of the case and he is in custody since 1.12.2021 but no case under
the Excise Act is registered against him, this Court is of the considered opinion that it is a fit case for grant of bail to the applicant. Hence, without
commenting anything on merits of the matter, this application is allowed.
It is directed that applicant Shivam @ Shubham Jatav S/o.Munna Jatav shall be released on bail on his furnishing a personal bond in sum of
Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount each to the satisfaction of the Trial Court to appear before the
Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of
Section 437(3) of the Cr. P. C.
This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become
ineffective.
In view of the outbreak of new mutant Omicron of COVID-19, the jail authorities and the State Government are directed to follow the guidelines
issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.
Certified copy as per rules.