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Judgment
Vivek Rusia, J
This is a first bail application filed under Section 439 of Cr.P.C. by the applicant, who has been arrested by Police on 06.03.2020 in connection with
Crime No.1479/2020, Police Station Excise Circle Maheshwar, District Khargone for the offence punishable under Section 34(2) of the M.P. Excise
Act.
As per prosecution Story, the present applicant was found in possession of illicit 54 bulk litres country made liquor without having any valid licence.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. Challan has been filed and there is no progress in
the trial due to Covid-19 epidemic. He, therefore, prayed for grant of bail.
Learned Panel Advocate appearing for the respondent/State opposes the prayer.
In view of the aforesaid facts and circumstances, without further commenting on the merits of the case, it would be appropriate to enlarge the
applicant on bail. Accordingly, this application is allowed and the applicant is directed to be released on bail upon his furnishing a personal bond in the
sum of Rs.40,000/- (Rupees Forty Thousand) with one surety in the like amount to the satisfaction of the Trial Court for his appearance before that
Court during the pendency of trial. It is made clear that in case the applicant is found involved in any other criminal activity, then this bail order shall
stand automatically vacated.
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.
Certified copy as per rules.