MCRC/61892/2022 of KAMAL PRAJAPATI Vs THE STATE OF MADHYA PRADESH on 29 December 2022

ORDER

This is first bail application under Section 439 Cr.P.C. filed on behalf of the applicant. The applicant is in custody since 13.12.2022 in connection withCrime No.P-8/318/2022 registered at P.S. Excise Circle Chanchoda, DistrictGuna (M.P.) for the offence punishable under Sections 34(1) and 34(2) ofExcise Act.

As per prosecution story, present applicant was found in unauthorizedand illegal possession of 55 bulk litres of illicit liquor. Accordingly, case hasbeen registered against the applicant.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the offence. Applicant has suffered jailincarceration since 13.12.2022. Due to his jail incarceration, his family is inpenury and on the verge of starvation. Moreso, trial is not likely to beconcluded early in the near future. Under such circumstances, the prayer forgrant of bail may be considered on such terms and conditions as this Courtdeems fit and proper.

Per contra, learned Panel Lawyer opposes the bail application supportingthe order impugned.

Upon hearing learned counsel for the parties this Court though refrainsfrom commenting upon the rival contentions touching the merits of the case,regard being had to the fact that the applicant is in custody since 13.12.2022,the possibility of delay in conclusion of trial cannot be ruled out. Hence, theapplicant is held entitled for enlargement on bail but with stringent conditions.

Consequently, the application of the applicant filed under Section 439 ofthe Criminal Procedure Code, 1973, is hereby allowed. It is directed that theapplicant be released on bail on furnishing personal bond in the sum ofRs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the likeamount to the satisfaction of the learned Trial Court and on the condition thathe shall remain present before the Court concerned during trial and also complywith the conditions enumerated under Section 437 (3) of Criminal ProcedureCode, 1973 with following further conditions:

(i) the applicant shall mark his attendance before the concerned policestation on 2[nd] and 4[th] Saturday every month between 10:00 a.m. to 12:00 noon;

(ii) the applicant shall abide by the terms and conditions of variouscirculars and orders issued by the Government of India and the State Government as well as the local administration from time-to-time in the matterof maintaining social distancing, physical distancing, hygiene, etc., to avoidproliferation of Novel Corona virus (COVID-19);

(iii) the concerned jail authorities are directed that before releasing theapplicant, the medical examination of the applicant be conducted through the jaildoctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required, beundertaken immediately. If not, the applicant shall be released on bail in terms ofthe conditions imposed in this order;

(iv) on violation of conditions, State is free to apply for cancellation of bail;

(v) in future, if the applicant is found to be involved in such nature ofcases or any other similar criminal cases or misuse the bail granted by thisCourt, this bail order shall stand cancelled automatically.

Learned Panel Lawyer is directed to send an e-copy of this order to allthe concerned including the concerned Station House Officer of the PoliceStation for information and necessary action.

E-certified copy as per rules.

bj/-

(ROHIT ARYA)V. JUDGE