Saraswati Bai vs State Of MP

Rajeev Kumar Shrivastava, J

This is first application under Section 439 of CrPC for grant of bail. The applicant has been arrested on 22/7/2021 in connection with Crime No.

584/2021 registered at Police Station Kotwali, District Guna for offence under Section 49(A) of Excise Act.

It is submitted by learned counsel for applicant Saraswati Bai that the applicant is a lady and is having one child aged around one and half months

along with her in the jail custody. The allegation of recovery of 10 litres of illicit liquor unfit for human consumption is false. She has not committed any

offence. It is further submitted that the applicant is in custody since last 19 days and trial will take long time to conclude. Hence, prayed for grant of

bail to the applicant.

Per contra, learned State counsel opposed the bail application and has submitted that the offence against the present applicant is registered under

Section 49(A) of Excise Act wherein 10 litres of liquor has been seized from the possession of the applicant which was found unfit for human

consumption. Hence, prayed to reject the bail application.

Heard learned counsel for the rival parties and perused the materials available on record.

Only considering the fact that applicant is a lady and is having one and half months old child along with her in the jail custody, without commenting on

merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail her furnishing personal bond of

Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the Court concerned for her regular appearance

before the Court concerned.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the applicant, her Corona Virus test shall be conducted and if it

is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to her house, and if the test is

found positive then the applicant shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the applicant is fit for

release and if she is in a position to make her personal arrangements, then she shall be released only after taking due travel permission from local

administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State

Govt. or Local Administration for combating the COVID-19. If it is found that the applicant has violated any of the instructions (whether general or

specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local

Administration/Police Authorities shall immediately take him/her in custody and would send him/her to the same jail from where he/she was released.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by him/her;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge herself/himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any offence otherwise this bail order shall automatically stand cancelled;

The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

6 . The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

7 . The applicant will inform the SHO of concerned police station about his/her residential address in the said area and it would be the duty of the

Public Prosecutor to send E-copy of this order to SHO of concerned police station for information;

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for Compliance.

Certified copy/ e-copy as per rules/direction.