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Judgment
Vijay Kumar Shukla, J
On account of the prevailing conditions worldwide, brought about by the COVID 19 virus, these applications have been heard and decided through
video conferencing, to maintain social distancing. The necessary parties have effectively been represented by their respective counsels through video
conferencing.
These are the first bail applications filed by the applicants Rampal and Upendra Pateriya under Section 439 of the Cr.P.C. for grant of bail.
Both the applicants are in custody since 03.10.2020 in connection with Crime No. 151/2020 registered at P.S. Sultanganj, District Sagar (M.P.) for the
offences punishable under Sections 307 r/w 34 of the IPC, 25 & 27 of the Ayudh Adhiniyam and 34(2) of the M.P. Excise Act.
It is alleged that on receiving information that the illicit liquor was being transported, an effort was made to stop them. Thereafter, the accused persons
tried to fled from the spot, however, the present applicant was caught at the spot and other persons managed to escape from there. It is alleged that at
that time, co-accused, Rampal came on Bullet motorcycle and fired. Since, the motorcycle got imbalanced and fell, the fire went into the air and did
not damage anyone.
The counsel for the State pointed out that there is a seizure of Gun and Bullet from the said accused person.
Taking into consideration the above allegations, no case for grant of bail to applicant Rampal in M.Cr.C. No.43212/2020 is made out.
Accordingly, the bail application of Rampal (M.Cr.C. No.43212/2020) is dismissed.
However, the allegation against the applicant Upendra Pateriya in M.Cr.C. No.41736/2020 that 648 litres of illicit liquor was seized from him is taken
into consideration.
Learned counsel for the State submitted that there is no criminal record against the applicant Upendra Pateriya.
Taking into consideration the totality of the facts of the case and the fact that there is no criminal record against him and the only allegation is that 648
litres of illicit liquor was seized from his possession, I am inclined to enlarge the applicant Upendra Pateriya in M.Cr.C. No.41736/2020 on bail.
Accordingly the application filed by the applicant Upendra Pateriya in M.Cr.C. No.41736/2020 is hereby allowed.
It is directed that applicant Upendra Pateriya shall be released from custody upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand only) with one surety of the like amount to the satisfaction of the learned court below.
The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court In Writ Petition No.1/2020 and ensure
that the applicant is examined by the jail doctor before his release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct
him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion
that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.
With the above, both the applications are finally disposed of.
It is further made clear that if it is found that the applicant Upendra Pateriya is involved in any other case during the trial, this bail order shall stand
cancelled automatically without reference to the court and the Police will be at liberty to arrest the applicant.
A typed copy of this order is being forwarded to the Office of the Advocate General and Ms. Swati George, learned Panel Lawyer on their respective
email address for intimation to the Police Station concerned.
The office is requested to forward a copy of this order to the learned court below.
Certified copy as per rules.