Toofan vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

This is first bail application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.493/2021 registered at Police

Station - Taal, District Ratlam (M.P.) under Section 49-A of the M. P. Excise Act and he is in custody since 24.11.2021.

It is alleged that 20 litres of poisonous liquor has been seized from the possession of the applicant. Counsel for the applicant submits that there is no

FSL report to show that the aforesaid liquor is poisonous.

Counsel for the State, on the other hand opposes the prayer for grant of bail and submits that on the basis of the experience of the investigating team,

the aforesaid liquor has been held to be poisonous. However, he submits that charge-sheet has already been filed and there is no criminal record

against the applicant.

Considering the aforesaid submissions so also the fact that there is no material to indicate that the seized liquor is poisonous as also there is no criminal

record of the applicant, I am of the considered view that the applicant is entitled for grant of bail and therefore, without expressing any view on the

merits of the case, the application is allowed.

It is directed that applicant - Toofan S/o Babulal Kanjar shall be released from custody upon furnishing a personal bond of Rs.50,000/-(Rupees Fifty

thousand only) with one solvent surety of the like amount to the satisfaction of the Ld. Court below.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19

VIRUS IN PRISONS in SUO MOTU ""W.P. (C) 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.

It is further made clear that if it is found that the applicant 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, on their email address, for intimation to the Police Station

concerned. The office is requested to forward a copy of this order to the Ld. Court below.