JUDGMENT Vivek Rusia, J. - This is a repeat (3rd) application filed under Section 439 of Cr.P.C. by the applicant Munnalal S/o. Kaluramji, who has been arrested by Police on 07.2.2020 in connection with Crime No.335/2019, Police Station Bhatpachlana, District Ujjain for the offence punishable under Section 34(2) of the M.P. Excise Act. The earlier applications were dismissed as withdrawn. 2. As per the prosecution story, the co-accused Kalu Pinjara was found transporting 360 bulk litres liquor from his own vehicle Tata 407 Pick Up bearing registration No.MP-54-GA-0369. When he was intercepted, he ran away from the spot after leaving the vehicle. Police inquired the ownership of the vehicle and found that he is the owner of the vehicle and was also driving the vehicle on the date of incident. 3. Learned counsel for the applicant submits that the applicant is in custody since 7.2.2020 and the trial has yet not begun. There is no possibility of resumption of physical haring in near future and by that time, he would complete the minimum sentence. So far past record is concerned, one case has been filed u/s. 34 of the Excise Act and the another has been filed under the provisions of Gambling Act. 4. Prayer is opposed by the learned counsel for the respondent/State. 5. Case-Diary perused. Considering the aforesaid facts and circumstances of the case, without commenting anything on the merits of the case, subject to future good conduct, the application is allowed. 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. It is made clear that if the applicant is found involved in similar type of offence, then in that case, this bail order shall stand automatically vacated and the applicant shall surrender before the trial Court. 6. 6. Before releasing the applicant from the custody the jail authorities are also 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.