Vinod vs State Of M. P

Vivek Rusia, J

This is first bail application under Section 439 Cr.P.C. by applicant, who has been arrested by Police on 29/12/2020 in connection with Crime No.942/2020, Police Station -Jhabua District Jhabua concerning offence under Section 34 (2), 36 of M.P. Excise Act.

Perused the case-diary.

As per prosecution story, the police has received a secret information of storage of large quantity of liquor near the house Nansingh as well as the present applicant. The police has conducted a raid and found 440 bulk liters of illicit liquor stored adjacent to the wall. The applicant was not arrested on the spot. Later on he was arrested by the police.

Learned counsel for the applicant submits that the liquor was seized from the open place and the applicant was not found just because it was stored to next to the wall of his house, therefore it cannot be implied that the applicant has stored in his residential vicinity anybody could have stored the illicit liquor. He has not criminal antecedents and he in jail since 29.12.2020 and challan has been filed.

Learned Panel Lawyer opposes the prayer for grant of bail.

Vide order dated 28.1.2021 this Court had directed learned Govt Advocate to produce the spot map which was not available in the case diary.

Learned counsel for the respondent State submits that even today itself the spot map is not available.

Thereafter this case has been listed on 5.2.2021, 16.2.2021, 24.2.2021 and 17.3.2021 but sill the spot map is not available,therefore, the application should be allowed in absence of the spot map.

Keeping in view the rival submissions of the parties and in the facts and circumstances of the case and the period of incarnation in jail after arrest, without commenting on merits of the case, the application is allowed.

It is directed that applicant be released on bail upon her furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only), with one solvent surety in the like amount to the satisfaction of trial Court for her appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C. It is made clear that applicant shall be in good conduct in future and if it is found that applicant is indulged in any criminal activities, then, his bail shall be treated as cancelled.

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.