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Judgment
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.302/2021 registered at Police Station- Police Aarakshi Kendra Circle 6-B, City Excise, District Jabalpur (M.P.), for the offence punishable
under Sections 34(1) and 49(A) of the Excise Act.
Learned counsel for the applicant submits that the applicant is under arrest since 26.03.2021. He further submits that as per case of the prosecution,
the applicant was found in possession of 60 bulk litres of country made liquor and it is also observed that the said liquor could be poisonous and
harmful for human consumption and, therefore, case of 49(A) has also been registered against the present applicant.
On the other hand, Shri Yadav, appearing for the respondent/State opposes the bail application and submits that FSL report is yet to be received and,
therefore, the bail application in the present scenario is liable to be rejected.
Considering the aforesaid, without commenting anything on the merits of the case, 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 like amount to the satisfaction of the Court concerned for his appearance on the dates given by it.
It 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.