Trilok vs State Of M.P

Vivek Rusia, J

This is First application under Section 439, Cr.P.C. for grant of bail in connection with Crime No. 299/2020, Police-Station-Balvada, District -

Khargone for commission of the offence under Section 34 (2), 39 and 42 of M.P. Excise Act, Section 25 A/ 27 B of Arms Act and Section 120-B,

341, 323, 294, 365, 342, 427, 109, 192, 195 A, 196, 197, 201 and 211 of I.P.C. The applicant is in custody since 26.11.2020.

As per prosecution story, from the possession of the applicant six boxes of whiskey, four boxes of bear and one country made pistol was found in his

car bearing registration No.M.P.-09-CE-8381. The applicant made a complaint to the Superintendent of Police, Indore that he has falsely been

implicated in the present crime. As per the direction of SP further investigation was carried out in which Kamal Jat, Yogesh, Prahlad, Jat Mohan @

Moniya Jat and Naveen Jaiswal were implicated in this case. So far the present applicant is concerned, police have submitted the report under Section

169 Cr.P.C. for seeking discharge of the applicant for want of evidence, however, vide order dated 14.12.2020, the learned magistrate declined to

accept the said report. Against which, the applicant filed a criminal revision No 1/2021 which has been dismissed vide order dated 09.01.2021 on the

ground that investigation is pending against the other co-accused person and at this stage he cannot be discharged.

In view of the above, learned counsel for the applicant submits that the applicant is innocent and falsely been implicated by the other co-accused

persons in this case. Hence, he prays for grant of bail to the applicant.

Learned Panel Lawyer for the respondent/State opposes the bail application but submits that under Section 169 of Cr.P.C. report has been filed by the

prosecution as no evidence was found against the applicant, although the said application has not been accepted.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the

merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in

the sum of Rs.40,000/-(Rupees Forty 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.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

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.

Certified copy as per rules.