Madhya Pradesh High Court

MCRC/50809/2020 of LEELADHAR TIWARI Vs THE STATE OF MADHYA PRADESH on 31 December 2020

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Court Of Madhya PradeshThe High Court Of Madhya Pradesh MCRC-50809-2020

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The High Court Of Madhya PradeshMCRC-50809-2020

(LEELADHAR TIWARIVs THE STATE OF MADHYA PRADESH)

[31][-][12][-][2020]Jabalpur, Dated :

Heard through Video Conferencing.

Shri Ajay Kumar Shukla, learned counsel for the applicant.

Shri Devendra Gangrade, learned Panel Lawyer for therespondent/State.

Heard.

This first bail application under Section 439 of the Code of CriminalProcedure has been filed by the applicant for grant of bail in connection withCrime No.295/2020 registered at Police Station Baheriya, District Sagar, forthe offence punishable under Sections 34(2) of the Excise Act and Section 51and 63 of the Copy Right Act.

Learned counsel for the applicant submits that as per the allegationmade against the present applicant that too on the basis of memorandum thathe supplied the caps of the bottle to the person who has been arrested by thepolice having in possession illegal liquor. He further submits that the applicantwas arrested on 02.12.2020 on the basis of memorandum which isinadmissible under the law, therefore, the applicant is entitled to be releasedon bail.

On the other hand, Shri Gangrade appearing for the respondent/Stateopposes the bail application.

Considering the aforesaid, without commenting anything on the meritsof the case, I am inclined to consider and allow this bail application.Accordingly, the same is hereby allowed.

It is directed that the applicant be released on bail upon his furnishing apersonal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) withone solvent surety of the like amount to the satisfaction of the Courtconcerned for his appearance on the dates given by it.

It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

T he jail authority is also directed to ensure that the applicant isexamined by the jail doctor to ascertain that he is not afflicted with theCOVID-19 virus. If the doctor suspects otherwise, the applicant shall bereferred to the appropriate hospital for further management as per theprotocol laid down by the State. In the event the jail doctor is of the opinionthat the applicant can be released, then he shall be released.

Let a copy of this order be forwarded to the concerned trial Courtthrough e-mail.

Certified copy as per rules.

(SANJAY DWIVEDI)V. JUDGE

ac/-Digitally signed by ANIL CHOUDHARY Date: 2021.01.02 16:36:41 +05'30'

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