Anitabai vs State Of M.P

Vivek Rusia, J

This is first bail application filed by the applicant who is in custody since 10.04.2021 in connection with Crime No.111/2021 registered at police station-

Bhojpur, District-Rajgarh for the offence punishable under section 34(2) of the M.P. Excise Act,1915.

As per prosecution story, on 10.04.2021 husband of this applicant was in possession of 293.760 bulk liters of liquor in the Omni car. This applicant said

to have fled from the spot. Accordingly she has been made accused in this case.

Learned counsel for the applicant submits that she has been implicated in this case only on the basis of 27 memo statement of her husband and no

husband can implicate his own wife in the case therefore, this statement is doubtful taken in police custody. The applicant is not having any criminal

past. Although husband has criminal past. She is an illiterate lady. Under these circumstances, learned counsel prays for her bail.

Learned panel lawyer appearing for the respondent/State opposes the prayer.

Considering the facts and circumstances, without further commenting on the merits of the case, it would be appropriate to enlarge the applicant on

bail. Accordingly, this application is allowed and the applicant is directed to be released on bail upon her furnishing a personal bond in the sum of

Rs.30,000/- (Rupees Thirty Thousand) with one surety in the like amount to the satisfaction of the Trial Court for her appearance before that Court

during the pendency of trial. It is made clear that in case the applicant is found involved in any other criminal activity, then this bail order shall stand

automatically vacated.

Before releasing the applicant from the custody the jail authorities are directed to medically examine her 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.