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Judgment
Vishal Mishra, J
This is First bail application under Section 439 Cr.P.C., filed by the applicant for grant of bail.
Applicant has been arrested by Police Station Indori, District — Bhind (M.P.) in connection with Crime No.18/21 registered in relation to the offence punishable under Sections 34 (2) & 49 (A) of M.P. Excise Act and 420 of IPC.
It is submitted by the counsel for the applicant that recovery of 26 bulk liters of country made liquor has been made from the present applicant. It is alleged that prosecution has shown four criminal case against the present applicant, out of which, in one case he has been released on bail by a Coordinate Bench of this court in M. Cr.C. No.19451/2021 vide order dated 30.4.2021. He is ready to abide by all the terms and conditions as may be imposed by this Court. He has shown his willingness to contribute an amount of Rs.10,000/- to help the needy during this COVID 19 pandemic and prays for grant of bail.
Per contra, Counsel for the State submits that the applicant has criminal history of four criminal case and the investigation is still pending.
Considering the overall facts and circumstances of the case and looking to present scenario of Covid-19 Pandemic, this Court deems it appropriate to allow the bail application. Accordingly, the application is allowed subject to condition that in case the FSL report shows that the liquor seized is harmful for human consumption then the bail granted to the applicant stands automatically cancelled and the applicant is directed to surrender immediately and apply for bail.
The applicant is directed to be released on bail on her furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of like amount to the satisfaction of the Investigation Officer/trial Court, as the case may be with submission of written undertaking and she shall abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc. to avoid Novel Corona Virus (COVID -19) pandemic and she will have to install Arogya Setu App, if not already installed.
This order will remain operative subject to compliance of the following conditions by the applicant:-
The applicant will comply with all the terms and conditions of the bond executed by her;
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 cases as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
The applicant shall not involve any other offence, in case the applicant indulges herself in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.
The applicant will 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.
As the applicant has gracefully volunteered to contribute Rs. 10,000/- (Rs. Ten Thousand only) towards the help of needy during this Covid pandamic -19, he is directed to deposit the amount before the Principal Registrar of the Court within a period of seven working days and only on production of the receipt regarding deposition the release warrant be prepared.
The applicant will inform the concerned S.H.O. of concerned Police Station about her residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police, concerned who shall inform the concerned SHO regarding the same. In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the jail doctor and on prima facie, if it is found that she is having the symptoms of COVID-19, then consequential followup action including the isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for movement to reach her place of residence.
E- copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.
CC as per rules.