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Judgment
Heard through video conferencing.
This is the first application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant who is in custody since 26.8.2020 in connection with Crime No.369/2020 registered at Police Bherugarh, District Ujjain for the offence punishable under Sections 34(2) of the M.P. Excise Act.
As per the prosecution case, the applicant was found in possession of 56 bulk litres of liquor unauthorizedly. Accordingly, the case has been registered against him.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present crime. He has no criminal antecedents. Applicant is sole bread earner of his family. He is in jail since 26.8.2020. He is not required for further custodial interrogation. Besides, looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.
Per contra, learned Panel Lawyer for the respondent/State supporting the order impugned opposes the bail application.
Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that the applicant is in jail since 26.8.2020 having no criminal antecedents, not required for custodial interrogation and the possibility of delay in conclusion of trial cannot be ruled out, he is held entitled for enlargement on bail.
Consequently, the application of the applicant filed under Section 439 Cr.P.C. is hereby allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:
(i) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from time to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);
(ii) the applicant shall mark his attendance before the concerned Police Station on 2nd and 4th Saturday of every month between 10.00 am to 12.00 noon.
(iii) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order;
(iv) violation of conditions, State is free to apply for cancellation of bail.
Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action.
Registry is directed to send an e-copy of this order to the Court concerned for necessary compliance.
It is made clear that this e-copy order be treated as Certified copy in terms of the advisories issued by the High Court from time to time.