Vishakha vs State Of MP

Satyendra Kumar Singh, J

This is first application filed under section 439 of Cr.P.C. for grant of bail to the applicant, as he has been arrested on 4/8/2021 in connection with Crime No.298/2021 registered at Police Station Aazad Nagar District Alirajpur for commission of offence punishable under Section 49(A) of M.P. Excise Act.

Prosecution story, in brief, is that on 3.8.2021 at about 19.15 PM, eleven drums each having capacity of 200 liters spirit was seized from the house of the applicant. It is alleged against the applicant that she along with her husband was involved in the business of preparing and selling illicit liquor.

Learned counsel for the applicant submits that spirit was seized exclusively from the possession of the applicant's husband. Applicant has been made party only because she is wife of the main accused Naveen. There is nothing on record except memorandum statement of the co-accused against the applicant which shows involvement of the applicant in the crime. She is a lady having two kids. No one is there to look after her kids. Applicant has been falsely implicated in the matter. Applicant is in custody since 4.8.2021. Trial will still take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

Learned counsel for respondent/State opposes the application and submitted that huge quantity of spirit has been seized from the house of the applicant, therefore, the applicant is not entitled for bail.

Having considered the rival submissions, material pointed out by learned counsel for the applicant specially the fact that the spirit has been seized from the possession of the applicant's husband and also considering the other facts and circumstances of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.

It is directed that the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of the concerned 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. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions/guidelines issued by the Government with regard to COVID-19 before releasing the applicant.

This M.Cr.C. stands allowed and disposed of.

C. C. as per rules..