Govind Bhayal vs State Of Madhya Pradesh

Vishnu Pratap Singh Chauhan, J

Heard on this first application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail.

The applicant is in jail since 28.11.2020 in connection with Crime No.594/2019, registered at Police Station-Patan, District-Jabalpur for offence under

Sections 34(2) of M.P. Excise Act, 1915.

Allegation against the applicant, in short, is that, one co-accused Vijay Katheria was apprehended with 261 bulk liters country-made liquor, without

having any valid licence or authority. The police recorded his memorandum, in which he informed the involvement of the applicant and other co-

accused persons in the offence.

Learned counsel for the applicant submits that the applicant has falsely been implicated in the case on the basis of memorandum of other co-accused

person. After investigation, charge-sheet has been filed and the applicant is not required for any further investigation. Other co-accused persons have

already been enlarged on bail. The police registered one more case, crime No.593/2019 at Police Station-Patan, District-Jabalpur for the same

offence, in which the applicant was enlarged on anticipatory bail by the co-ordinate Bench of this Court vide order dated 6.1.2020 passed in M.Cr.C.

No.50882/2019. It is further submitted that in the present case, the applicant is i n custody since 28.11.2020 and trial will take considerable time for its

disposal. Looking to the present situation of widespread of Novel Corona Virus (Covid-19), it is prayed that the applicant be enlarged on bail.

Learned counsel appearing for the objector submits that he is appearing on behalf of the liquor contractor because the applicant is involved in illegal

selling of liquor in the area of the liquor contractor.

locus standi for filing such objection. If he has any objection, he may appear through the State and learned Panel Lawyer may submit his objection, if

finds fit.

Since liquor contractor is not a party in the criminal case, therefore, he may submit his objection, if any, through State.

Learned Panel Lawyer for the respondent/State has opposed the application. He submits that the applicant is having criminal antecedent. One more

crime No.593/2019 was registered against him at Police Station-Patan, District-Jabalpur for the same kind of offence. The applicant is implicated in

the present case on the basis of information furnished by co-accused. In such circumstances, it is prayed that this application be dismissed.

Having heard the learned counsel for the parties and on a perusal of the case diary and statement of co-accused Vijay Katheria and also perused

order dated 6.1.2020 passed by the co-ordinate Bench of this Court in M.Cr.C. No.50882/2019 by which anticipatory bail was granted to the present

applicant in another crime No.593/2019 registered at Police Station-Patan, District-Jabalpur, no doubt prima facie ingriedients of offence punishable

under Section 34(2) of M.P. Excise Act is made out against the applicant. The applicant is in judicial custody since 28.11.2020 and he remained

absconding while charge-sheet was filed before the trial Court but, considering the fact that the applicant has been implicated in the present case on

the basis of information furnished by co-accused under Section 27 of the Evidence Act and also looking to the present situation of wide spread of

Novel Corona Virus (Covid-19), without expressing any opinion on the merits of the case, this Court is inclined to enlarge the applicant on bail.

It is directed that applicant Govind Bhayal shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty

Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court with

a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437(3)

of Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona

Virus, before and after releasing the applicant.

Certified copy as per rules.