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Judgment
Vivek Rusia, J
 This is first bail application under Section 439 of Cr.P.C. For grant of bail. The applicant, who is implicated in Crime No.386/2020 registered at
Police Station â€" Bhatpachana, ( Excise Department, Badnagar) for the offence punishable under Section 34(2) and 49-A(1) of M.P. Excise Act.
The applicant is in custody since 03/11/2020
As per prosecution story, 15 bulk liters country-made liquor has been seized from house of the applicant On smelling, it was found to be unfit for
human consumption.
Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. The applicant is in custody since
03/11/2020. Charge-sheet has been filed and investigation is over. The conclusion of trial is likely to take time, hence prayed for release of the
applicant on bail.
Learned counsel for the State has opposed the bail application stating that FSL report of the alleged liquor has not been received till date.
Perused the case diary.
Taking into consideration all the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed. It is
directed that the applicant shall be released on bail on his/her furnishing personal bond in the sum of Rs. 40,000/- ( Rs. Forty Thousand only) with one
surety in the like amount to the satisfaction of the Trial Court for his/her appearance before the trial Court on the dates given by the concerned Court
and also comply with the conditions enumerated under Section 437(3) of Cr.P.C.
However, it is made clear that if in the FSL report, the liquor seized is found to be of poisonous nature, this bail shall cancelled automatically without
further reference to this Court and the applicant shall surrender himself before the trial Court concerned.
It is further directed that the learned trial Court shall duly comply with the directions regarding cancellation of bail in the event of obtain positive FSL
report.
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.