Prakash S/O Panna Lal vs State Of M.P

Vivek Rusia, J

This is first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.446/2020 registered at police station Station Road,

Ratlam for the offence punishable under section 34(2) of the M.P Excise Act.

As per prosecution case on 31.08.2020 police intercepted a car bearing registration No.MP-09-GH-9102 and found the applicant and four others

sitting inside the car. In further search police is also alleged to have recovered 72 bulk liters of illicit liquor from the car containing in four boxes.

Learned counsel for the applicant submits that applicant, who is a youth aged 19 years, has been falsely implicated in the offence. The investigation is

complete and Challan has been filed. He has no criminal antecedents. His detention in jail along with hard criminals would adversely affect his future.

He is in custody since 31.08.2020. The other co-accused have already been granted bail by this Court, hence prays for grant of bail to the applicant.

Learned Panel Lawyer opposes the bail application. Considering the facts and circumstances of the case and the arguments advanced by learned

counsel for the applicant, without commenting on the merits of the case, the application filed by the applicant is allowed with conditions. He is directed

to 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 during trial 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) Cr.P.C.

Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-

19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

C.c as per rules.