Uma Shankar vs State Of M.P

Anand Pathak, J

The applicant has filed this second application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 22.07.2021 by Police Station-Abkari, District Shivpuri, in connection with Crime No.179/2021 registered for offence under Section 34(1), 34(2) of M.P. Excise Act.

It is the submission of learned counsel for the applicant that he is suffering confinement since 22.07.2021 and charge sheet has already been filed. The applicant does not bear any criminal record. It is further submitted that the applicant and two other accused also arrayed in the case. He has learnt the lesson hard way and a chance be given to reform himself and for course correction. Confinement amounts to pre trial detention. He undertakes to abide by the terms and conditions as imposed by this Court and mend his ways to reform himself. Therefore, looking to the challenging situation of COVID-19 pandemic, prayer for bail may be considered.

Counsel for the State opposed the prayer and prays for dismissal of application.

Heard learned counsel for the parties at length and considered the arguments advanced by them.

Considering the fact situation as well as in view of the challenging situation of Covid-19 pandemic, this Court intends to allow the present application 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 two solvent sureties of the like amount to the satisfaction of trial Court.

After release, the applicant are further directed to strictly follow all the instructions which may be issued by the Central Government/State Government or Local Administration for combating the COVID -19 pandemic.

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

The applicant will comply with all the terms and conditionsof 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 an offence similar to the offence of which he is accused;

The applicant shall regular appear in the trial Court and shall not seek unnecessary adjournments during the trial; and;

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

The applicant shall cooperate in trial and shall not commit same nature of offence in future.

Copy of this order be sent to the trial Court concerned for compliance, if possible, from the office of this Court. Certified copy/ e-copy as per rules/directions.