Touseef vs State Of Madhya Pradesh

Sanjay Dwivedi, J

This first bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of bail in connection with

Crime No.257/2021 registered at Police Station Excise Department Circle-B Khandwa, District Khandwa, for the offence punishable under Section

34(2) of the M.P. Excise Act, 1915.

As per the case of prosecution, the applicant was found in illegal possession of 55 bulk liters of liquor.

Learned counsel for the applicant submits that the applicant is in custody since 10.06.2021. He also submits that the offence is triable by the Judicial

Magistrate First Class and the trial will take long time to conclude. He submits that the applicant has no criminal antecedents. Upon these submissions,

he prays for grant of bail to the applicant.

On the other hand, learned Panel Lawyer appearing for the respondent/State opposes the bail application.

Considering the aforesaid, without commenting anything on the merits, I am inclined to consider and allow this bail application. Accordingly, the same

is hereby allowed.

It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one

solvent surety of the same amount to the satisfaction of the Court concerned for his appearance on the dates given by it.

I t is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

The jail authority is also directed to ensure that the applicant is examined by the jail doctor to ascertain that he is not afflicted with the COVID-19

virus. If the doctor suspects otherwise, the applicant shall be referred to the appropriate hospital for further management as per the protocol laid down

by the State. In the event the jail doctor is of the opinion that the applicant can be released, then he shall be released.

Certified Copy as per rules.