Kalu @ Salim vs State Of M.P.

This is the first application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant. The applicant is in custody since 5.8.2020 in connection with Crime Case No.268/2020 registered at Police Station, Alot, District Ratlam for the offence punishable under Section 34(2) of the M.P. Excise Act.

As per the prosecution case, the applicant was found in possession of 60 bulk litres of country made liquor unauthorizedly. Accordingly, the 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 jail incarceration since 5.8.2020. He is not required for further custodial interrogation. He is the sole bread earner of his family and the family is reeling under financial crisis due to his jail incarceration. Besides, looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.

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

Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that the applicant is in jail since 5.8.2020, not required for custodial interrogation and the possibility of delay in conclusion of trial cannot be ruled out, 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.50,000/- (Rs.Fifty Thousand 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 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 time to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(ii) the applicant shall mark his attendance before the concerned Police Station on 2nd and 4th Saturday of every month between 10.00 am to 12.00 noon.

(iii) 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;

(iv) violation of conditions, State is free to apply for cancellation of bail.

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 Court concerned for necessary compliance.

It is made clear that this e-copy order be treated as Certified copy in terms of the advisories issued by the High Court from time to time.

Certified copy as per rules.