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Judgment
Anjuli Palo, J
This is first application under section 439 of the Code of Criminal for grant of regular bail on behalf of the applicant who has been arrested in
connection with Crime No.328/2021 registered at Police Station, Marhotal, District Jabalpur for offence under section 49-A of M.P. Excise Act.
As per prosecution case, on 21.4.2021 about 5 litres of country made liquor has been recovered from the illegal possession of the applicant, which is
dangerous for human consumption.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the crime in question. The applicant is in custody
since 21.4.2021. There is no criminal past. Charge-sheet has already been filed. Due to Covid-19 pandemic trial would take considerable time.
Learned Panel Lawyer has opposed the prayer and submitted that liquor is dangerous to human consumption.
Till this date chemical report about the nature of liquor has not been received. Considering the over all facts and circumstances of the case, period of
custody and taking into account that trial would take time due to Covid-19 pandemic, without commenting on merits of the case, the application is
allowed with condition.
It is directed that applicant-Ramkishan Barman be released on bail on her furnishing bail bond of Rs.50,000/- [Rupees Fifty Thousand only] with
solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the said Court on all such dates as may be fixed in this
regard during the pendency of trial.
 It is made clear if positive chemical report in respect of liquor seized from the possession of the applicant is received against him, this order shall
become ineffective immediately and the trial Court may proceed for arresting the applicant or the Police may take him into custody.
 It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
 With the aforesaid, the M.Cr.C. stands allowed and disposed of.