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2020 DIGILAW 1167 (MP)

Manoj v. State Of M. P.

2020-11-02

VIVEK RUSIA

body2020
JUDGMENT Vivek Rusia, J. - Heard learned counsel for the parties through video conferencing. 2. This is first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.95/2020 registered at police station Excise Department, Circle Depalpur, Indore for the offence punishable under section 34(2) of the M.P Excise Act. 3. As per prosecution case 99 bulk liters of country made illicit liquor has been recovered from a car bearing registration No.MP-09-CT-6806 and arrested the driver Jaswant Pawar (co-accused). The applicant has been made accused because he is the registered owner of the said car. 4. Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the offence on the basis of the memorandum statement of the co-accused recorded under section 27 of the Evidence Act. He is working as a driver in Mangiliya Gas Agency. He is in custody since 23.09.2020. The offence is triable by Magistrate. The investigation is complete and charge sheet has been filed. There is no likelihood of early conclusion of the trial, hence prayed for release of the applicant on bail. 5. Prayer is opposed by the learned counsel for the respondent/State by submitting that the applicant has criminal antecedents which were registered in the year 2012 & 2014. 6. Case-Diary perused. 7. Considering the facts and circumstances of the case and the material available against the applicant in the case diary, without commenting on the merit of the case, the application is allowed and the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of the trial Court for his 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) Cr.P.C. 8. 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. C.c as per rules.