Shivkant & Anr. vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

Applicant has been arrested on 22.03.2021 by Police Station Civil Lines, District Morena (MP) in connection with Crime No. 132/2021 registered for

the offence punishable under section 34(2) and 47A of MP Excise Act.

As per prosecution story, 129 bulk litres of illegal liquor has been recovered from the possession of the present applicants.

It is submitted by learned counsel for the applicants that the applicants are innocent and they have not committed any office. Now investigation is

pending, there is no any criminal antecedents against the applicants. The trial will take its own time. It is further submitted that the applicant No.1-

Shivkant is ready and willing to render his services as COVID warrior in additional to the conditions which may be imposed by this Court in case of

grant of bail. Hence, prayed for grant of bail. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions

issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and

maintain hygiene in the vicinity while keeping physical distancing.

Learned counsel for the State has vehemently opposed the application and has submitted that the case is registered under sections 34(2) and 47A of

MP Excise Act, hence prayed to reject the bail application of the applicant.

Learned counsel for the applicant further submitted that

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them and perused the case diary.

Now, investigation is complete and the trial will take its own time. The applicant is in custody since 28.01.2021. Considering the the arguments

advanced by learned counsel for the parties, without commenting upon the merits of the case, the application is allowed and it is hereby directed that

the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One lac only) with one solvent surety in the like amount

to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his Corona Virus test shall be conducted and if it is

found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if his test is

found positive then the applicant shall be immediately sent to concerning hospital for his treatment as per medical norms. If the applicant is fit for

release and if he is in a position to make his personal arrangements, then he shall be released only after taking due travel permission from local

administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State

Govt. or Local Administration for combating the Covid19. If it is found that the applicant has violated any of the instructions (whether general or

specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local

Administration/Police Authorities shall immediately take him in custody and would send him to the same jail from where he was released.

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

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

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

The applicant/s will not indulge himself/herself/themselves in extending inducement, threat or promise to any person acquainted with the facts of the

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

The applicant/s shall not commit an offence similar to the offence of which he/she is accused; in case of repetition of any offence, this bail order

shall stand cancelled automatically;

The applicant/s will not move in the vicinity of complainant party and applicant/s will not seek unnecessary adjournments during the trial;

The applicant/s will not leave Gwalior and India without previous permission of the trial Court/Investigating Officer, as the case may be; and

The applicant/s will inform the SHO of concerned Police Station about his/her/their residential address in the said area and it would be the duty of

the State Counsel to send E-copy of this order to SHO of concerned Police Station for information.

The applicant No.1-Shivkant shall enroll himself with the District Magistrate, Morena as COVID-19 warrior by entering his name in a Register

named as COVID-19 WARRIOR REGISTER. The applicant then, shall be assigned work of COVID-19 disaster management at the discretion of

District Magistrate concerned by taking all prescribed precautions. The nature, quantum and duration of the work assigned is left to the wisdom of

District Magistrate, Morena. This Court expects that the applicant shall rise to the occasion to serve the society in such crisis by discharging his

fundamental duty of rendering national service when called upon to do so as per Article 51-A(d) of the Constitution.

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court.

Certified copy/ e-copy as per rules/directions.