Vishal Mishra, J.:— Learned counsel for the rival parties are heard.
2. This is second bail application u/S.439 Cr.P.C. filed by the applicant for grant of bail. First bail application was dismissed as withdrawn vide order dated 12.02.2021 passed in M.Cr.C.No. 7804/2021.
3. Applicant has been arrested on 22.01.2021 by Police Station Roun, District Bhind (M.P.) in connection with Crime No. 281/2020 registered in relation to the offence punishable u/Ss. 34(2) of M.P. Excise Act.
4. It is argued by the counsel for the applicant that 72 bulk liters of country made liquor has been seized from the applicant. The applicant is in custody since 22.01.2021. Investigation is over in the matter and charge-sheet has been filed on 03.02.2021. Applicant is ready to abide by all the terms and conditions that may be imposed by this Court while considering his application for grant of bail.
5. Per contra, counsel for the State has opposed the application stating that another case of similar nature has been registered in the year 2020. However, he has not disputed about the fact that charge-sheet has been filed on 03.02.2021.
6. Considering the overall facts and circumstances of the case, this Court deems it appropriate to allow this application, accordingly, the application is allowed. The applicant is directed to be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with one solvent surety of like amount to the satisfaction of the Investigation Officer/trial Court, as the case may be with submission of written undertaking and he shall abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID-19) pandemic and he will have to install Arogya Setu App, if not already installed.
7. This order will remain operative subject to compliance of the following conditions by the applicant:—
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. In case of involvement of the applicant in any other offence, the bail granted by this Court, his bail application shall automatically cancelled.
6. The applicant will not seek unnecessary adjournments during the trial; and
7. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
8. The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Panel Lawyer to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police, concerned who shall inform the concerned SHO regarding the same.
8. In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicants shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence.
9. Copy of this order be sent to the trial Court concerned for compliance.
Comments