Khidki And Another vs State Of M.P

S.A.Dharmadhikari, J

The applicants have filed this first application under section 439 of the Cr.P.C. for grant of bail.

The applicants have been arrested by Police Station Raghunathpur, District Sheopur in connection with Crime No.61/2021 registered in relation to the offences punishable under sections 34(2) and 49-A of the M.P. Excise Act.

Allegations against the applicants, in short, are that they were involved in manufacture of illicitly distilled liquor and 40 litres of Lahan with 125 litres of liquor was seized from their possession.

Learned counsel for the applicant submits that applicants have been falsely implicated in the case. They are in custody since 21/08/2021. Investigation is on the verge of completion. The offences are triable by JMFC. Attention has also been invited to the guidelines issued to all the States and Union Territories by the Apex Court for de-congesting the prisons in suo motu W.P. (C) No. 1/2020 (IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS), as well as, W.P. No. 9320/2021 (In refernce (suo motu) Vs. State of M.P. And others) to consider release of prisoners who have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less by constituting a High Powered Committee. There is no likelihood of their absconsion or tampering with the prosecution evidence and they are ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made

Learned counsel for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out. It is submitted that applicants have criminal antecedent of one case to their discredit.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

Having heard learned counsel for the parties, taking into consideration the facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicants, though on comparatively stringent conditions.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that each one of the applicants namely Khidki and Smt. Manbhar be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One lac only) with two solvent and local sureties of Rs.50,000/-(Rupees fifty thousand) each to the satisfaction of the trial Court/committal Court for his/her appearance on the dates given by the concerned Court. The applicants shall also furnish a written undertaking that they will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

This order will remain operative subject to compliance of the following conditions by the applicants :-

The applicants shall install Aarogya Setu App (if not already installed) in their mobile phones.

The applicants will comply with all the terms and conditions of the bond executed by them;

The applicants will cooperate in the investigation/trial, as the case may be;

The applicants will not indulge in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicants will not seek unnecessary adjournments during the trial; and

The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

If any of the applicants commits any offence while on bail, then this order shall automatically stand cancelled in respect of that applicant without reference to the Court.

It is directed that in case the matter has been sent to FSL and it is found in the FSL report that the seized liquor was unfit for human consumption, then this order shall automatically stand recalled and the applicants shall surrender before the concerning trial Court immediately and in case, if they do not surrender, then the trial Court shall be at liberty to take them into custody.

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