Akash Shukla vs State Of Madhya Pradesh

Rohit Arya, J

This is the second application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant. The applicant is in custody since 28.06.2020 in connection with Crime Case No. 237/2021 registered at Police Station Simrol, District Indore for the offence punishable under Section 34(2) of the M.P.Excise Act, 1915. His first application was dismissed as withdrawn with liberty to revive after five weeks vide order dated 30.07.2021 in M.Cr.C.No.36852/2021.

As per the prosecution story, present applicant was found to be in illegal and unauthorized possession of 234 bulk litres of Foreign liquor.

Accordingly, case has been registered against the applicant.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime. The investigation is complete and challan has been filed. The applicant is in custody since 28.06.2020. He is not required for further custodial investigation. Looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Under suc circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.

Per contra, learned counsel for the respondent/State supporting the order impugned opposes the bail application.

At this stage, learned counsel for the applicant, on instructions graciously and voluntarily submits that looking to the grave critical social economic condition of poor persons living in old age homes, Vidhwa Ashrams or orphans living in orphanage, the applicant is prepared to deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) in the office of Zila Balsanrakshan Samiti, Distt. Dewas [HDFC Bank Account No.50100066055416 IFSC Code HDFC0000887] to be utilized fo providing clothing, food and other essential amenities required for the orphans living in orphanages including physically challenged persons etc in the district under the surveillance of Collector Distt., Dewas who is at discretion to utilize the said amount for such persons who have lost their means of livelihood during the pandemic including sufferers of pandemic Covid-19 of the area. However, the aforesaid deposit of amount may not influence the pending trial but is only, for enlargement of the applicant on bail.

Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that investigation is complete and charge sheet has been filed, the applicant is in jail since 28.06.2020, not required for custodial interrogation and the possibility of delay in conclusion of trial cannot be ruled out. Hence, he 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 on furnishing personal bond in the sum of Rs.1,00,000/-(Rs.One lakh 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 prepare a demand draft for Rs.75,000/-(Rupees Seventy Five Thousand only) in the office of Zila Balsanrakshan Samiti, Distt. Dewas [HDFC Bank Account No.50100066055416 IFSC Code HDFC0000887] to be utilized for providing clothing, food and other essential amenities required for the orphans living in orphanages including physically challenged persons etc in the district under the surveillance of Collector Distt. Dewas who is at discretion to utilize the said amount for such persons who have lost their means of livelihood during the pandemic including sufferers of pandemic Covid-19 of the area. However, the aforesaid deposit of amount may not influence the pending trial but is only, for enlargement of the applicant on bail.

(ii)(a) the applicant will submit the aforesaid original demand drafts alongwith copy of the order passed today through his counsel before the Principal Registrar of this Bench, for keeping the same in his safe custody.

(ii)(b) the Registry is directed to accept the original demand drafts without mentioning the account number therein. However, ensure that the same is in relation to the present case.

(ii)(c) as and when directed the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over the demand drafts to the concerned authority in that behalf.

(iii) The aforesaid authority is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Distt Dewas is directed to maintain a separate account (for production of the record as and when directed for).

(iv) the applicant shall mark his attendance before the concerned police station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 noon.

(v) 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);

(vi) 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. (vii) 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.

(viii) 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 an e-copy of this order to the the Court concerned for necessary compliance.