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Judgment
Vivek Rusia, J
This is a repeat (2nd) application filed under Section 439 of Cr.P.C. by the applicant who is in custody since 29.10.2020 in connection with Crime No.278/2020 registered at Police Station Nemawar, District Dewas for the offence punishable under Section 49A of the M.P. Excise Act.
The first application was dismissed as withdrawn wit liberty to renew the prayer after a period of one year from the date of arrest of the applicant.
As per the prosecution story, on the basis of a discrete information the police has seized 10 liters of spurious liquor from the possession of the applicant.
Learned counsel for the applicant submits that the applicant has falsely been implicated in this case. After rejection of the first application for grant of bail, the applicant has completed more than one year incarceration. He, therefore, prayed for grant of bail to the applicant.
On the other hand, learned Panel Advocate opposes the prayer and prayed for rejection of the application.
In view of the facts and circumstances of the case, without further commenting anything on the merits of the case, it would be appropriate to enlarge the applicant on bail.
Accordingly, this application is allowed and the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during the trial with a condition that he shall remain present before the court concerned during the 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.
C.C. as per rules.