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Judgment
Anjuli Palo, J
This is second application u/s 439 of Cr.P.C. on behalf of applicant who has been arrested in connection with Crime No.292/2020 registered at Police
Station- City Kotwali, District Chhatarpur for offence punishable under section 34 (2) of the Excise Act. His first application (M.Cr.C.
No.28098/2020) was dismissed on 25.08.2020.
Learned counsel for the applicant submitted that the investigation is complete. The applicant is innocent and has been falsely implicated in the crime in
question. It is further contended that though some criminal cases were registered against the applicant earlier yet this is the only case which pertains
to Excise Act. It is further contended that the applicant is in custody since 26.05.2020. Co-accused Harsh Gupta has already been released on bail by
this Court on 25.08.2020. Due to Covid-19 pandemic, trial would take considerable time, therefore, it is prayed that the applicant be granted bail.
Learned Panel Lawyer for the respondent/State has vehemently opposed the prayer for grant of bail.
Heard learned counsel for the parties. Considering the facts and circumstances of the case as well as the custody period of the applicant and that due
to COVID 19 pandemic, the trial of the case would take considerable time, without commenting on the merits of the case, this application is allowed.
It is directed that applicant, namely, Monu Khan @ Monu Pilot be released on bail on his furnishing a personal bond in the sum of Rs.40,000/-(Rupees
Forty Thousand only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court for his appearance on the dates so
fixed by that Court during trial. The applicant shall comply with the provisions of Section 437 (3) of the Cr.P.C. It is made clear that if the applicant is
found involved in similar offence, this order shall stand ineffective automatically.
Accordingly, the application is allowed and disposed of.