Rishabhdev vs State Of Madhya Pradesh

Vivek Rusia, J

 This is first application filed u/s 439 Cr.P.C seeking bail in connection with Crime No.146/2021 registered at Police Station Piploda, District Ratlam

for the offence punishable u/s 34(2) of the M.P Excise Act. The applicant is in jail since 18.05.2021.

 As per prosecution case, on the basis of discrete information received on 18.05.2021 the Police found a white color Scorpio vehicle coming from

the State of Rajasthan and the said vehicle was apprehended and from the vehicle the present applicant and his cousin brother Raghvendra were

found.

Upon search 45 boxes of illicit liquor were recovered valued at Rs.1,07,616/-. Both of them were arrested by Police and the aforesaid offence have

been registered against them. Raghvendra disclosed the name of co-accused Bhawarsingh, who provided the said liquor to him for the purpose of

transportation.

Learned counsel for the applicant submits that applicant has been falsely implicated in the offence. He further submitted that being a cousin brother,

the present applicant had provided the Scorpio vehicle to him and he was not aware that Raghvendra was going to transport the illicit liquor without

having permit or licence. The vehicle belongs to his father and applicant has no criminal past. The applicant is a youth of 24 years of age and he is in

custody since 18.05.2021. Investigation is complete and charge sheet has been filed. No further custodial interrogation is required. There is no

likelihood of early conclusion of the trial, hence prayed for release of the applicant on bail.

Learned counsel appearing for the respondent/State opposes the prayer and prayed for dismissal of the bail application.

Considering the facts and circumstances, without commenting on the merits of the case, the application filed by the applicant is allowed subject to the

condition that the present applicant shall donate two oximeters and two infrared thermometers to the concerned Police station for the safety of the

Police personnel during this epidemic period.

The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one

solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that

he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.

Before releasing the applicant from 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.

M.Cr.C. No.35469/2021 is disposed of.

C.C. as per rules.