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Judgment
Atul Sreedharan, J
This is second application under section 439 of the Code of Criminal Procedure, 1973 for grant of bail on behalf of applicant Krishna Kumar Ghoshi
for the offences punishable under Section 34(2) of the M.P. Excise Act registered at Police Station Motinagar, District Sagar(M.P.) vide Crime
No.1017/2020. The applicant herein is in judicial custody since 25/12/2020 in the aforesaid case.
The first application for grant of bail of the applicant has been dismissed as withdrawn before this Court vide order dated 3/03/2021, passed in
M.Cr.C. No.3133/2021 giving the applicant the liberty to move in the third week of June, 2021.
The allegation against him is that he was illegally carrying 72 bulk litres of country made liquor without licence. Accordingly the case has been
registered against him.
Learned counsel for the State has vehemently opposed the grant of bail to the applicant even though the quantity of the alcohol is only 72 litres on the
ground that the applicant is a recidivist and has three other cases of similar nature which have registered against him.
Be that as it may, looking at the facts and circumstances of the case and the period of incarceration as already undergone by the applicant as under
trial and the fact that the case is triable by the Court of Magistrate and looking to the current prevailing situation caused by the CORONA pandemic,
the application is allowed and it is directed that the applicant herein shall be enlarged on bail upon his furnishing a personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned Trial Court.
The jail authorities shall have the applicant checked by the jail doctor to ensure that he is not suffering from the Novel Corona Virus (COVID-19)
disease and if he is, he shall be sent to the nearest hospital designated by the State for treatment. If not, he shall be transported to his place of
residence by the jail authorities.
Certified copy as per rules.