Sunil @ Ravi vs State Of M.P

Anil Verma, J

This is first application under Section 439 of Cr.P.C. filed on behalf of the applicants for grant of bail. The applicants are implicated in connection with Crime No.462/2021 registered at Police Station- Kotwali, District-Dhar (MP) for offence punishable under Section 34(2) of Excise Act. The applicant-Sunil is in custody since 27.07.2021 and the applicant- Rahul @ Ravi is in custody since 12.08.2021.

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

As per prosecution story, the applicants were found to be in possession of 259.2 bulk liters of liquor unauthorisedly and illegally. Accordingly, a case has been registered against the applicants.

Learned counsel for the applicants contended that applicants are innocent persons and they have been falsely implicated in this offence. The applicants have already suffered jail incarceration since 27.07.2021 and 12.08.2021 respectively and no further custodial interrogation of the applicants is required. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per contra, learned learned government advocate for respondent - State opposes the bail applications and prays for its rejection by submitting the applicant-Sunil in M.Cr.C. No.43740/2021 is having 16 criminal antecedents out of which 2 offences are of M.P. Excise Act and the applicant-Rahul @ Ravi in M.Cr.C.No.42263/2021 has no criminal antecedents.

Looking to the nature of the allegation and considering the facts and circumstances of the case and also keeping in view the fact that the applicants are in jail since 27.07.2021 and 12.08.2021 respectively and trial will take considerable long time for its final conclusion, I deem it proper to release the applicant on bail.

Accordingly, without commenting on the merits of the case, the application filed by the applicants is allowed. The applicants are directed to be released on bail upon their furnishing personal bonds in the sum of Rs.50,000/- (Rupees Fifty Thousand) each with one solvent surety of the like amount each to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

Before releasing the applicant from custody, the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.

Certified copy as per rules.