Vijay vs State Of Madhya Pradesh

Rohit Arya, J

This is first bail application under Section 439 Cr.P.C. filed on behalf of the applicant. The applicant is in custody since 27/07/2021 in connection with

Crime No.555/2020 registered at P.S., Chandan Nagar, District-Indore for the offence punishable under Section 34, 49(A) of M.P. Excise Act.

As per prosecution story, 5 bulk liters of spirit was recovered from illegal and unauthorized possession present applicant. Accordingly, the case has

been registered against him.

Investigation is complete and charge-sheet has been filed.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated. Applicant is in custody since 27/07/2021.

Investigation is complete and chargsheet has been filed. He is no morerequired for custodial investigation. Moreso, looking to prevailing Covid-19

situation, trial is not likely to conclude early in the near future. Hence, under such circumstances, the applicant may be enlarged on bail on such terms

and conditions this Court deems fit and proper .

P e r contra, learned Panel Lawyer opposes the bail application supporting the order impugned.

Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that applicant is in jail

since 27/07/2021, investigation is complete and chargesheet has been filed, he is not required for custodial investigation. Moreso, due to Covid-19

pandemic, possibility of delay in conclusion of trial cannot be ruled out, hence, applicant is held entitled for enlargement on bail.

Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the

applicant be released on bail furnishing personal bond in the sum of Rs.50,000/- (Rs. fifty thousand Only) with one solvent surety in the like amount to

the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during trial and also comply

with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:

(i) the applicant shall mark his presence before the concerned Police Station on 2nd and 4th Saturday of every month between 10 am to 12 noon.

(ii) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as

well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of

Novel Corona virus (COVID-19);

(iii) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail

doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required

be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order.

(iv) in the event of violation of any of the terms and conditions of the order by the applicant, the prosecution is at liberty to seek cancellation of the bail

granted to the applicant.

(v) in future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases or misuse the bail granted by this Court,

this bail order shall stand cancelled automatically.

Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the police

station for information and necessary action.

Registry is directed to send e-copy of this order to the Court concerned for necessary compliance.

E-certified copy as per rules.