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2020 DIGILAW 1210 (MP)

Udit Thakur v. State Of Madhya Pradesh

2020-11-10

V.P.S.CHAUHAN

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JUDGMENT Vishnu Pratap Singh Chauhan, J. - Heard through Video Conferencing. 2. Heard on this first post-arrest application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail. 3. The applicant is in jail since 4.9.2020 in connection with Crime No.554/2020, registered at Police Station- Kotwali, Hoshangabad, DistrictHoshangabad for offence under Section 34 (2) of M.P. Excise Act, 1915. 4. Allegation against the applicant, in short, is that, the applicant was apprehended with approximately 55 bulk liters foreign liquor kept in his possession, without having any valid authority or licence. 5. Learned counsel for the applicant submits that the applicant has falsely been implicated in the case. Co-accused Salman @ Shamsher was enlarged on bail by this Court vide order dated 21.10.2020 passed in M.Cr.C. No.37113/2020. After investigation, charge-sheet has been filed and the applicant is not required for any further investigation. It is further submitted that the applicant is in custody since 4.9.2020 and trial will take considerable time for its disposal. Looking to the present situation of widespread of Novel Corona Virus (Covid-19), it is prayed that the applicant be enlarged on bail on the ground of parity. 6. On the other hand, learned Panel Lawyer for the respondent/State has opposed the application on the ground that approximately 55 bulk liters foreign liquor was seized from the possession of the applicant. 7. Having heard the learned counsel for the parties and considering the fact that charge-sheet has been filed and the applicant is not required for any further investigation and also looking to the present situation of widespread of Novel Corona virus (Covid-19), keeping the concept of parity in mind, without commenting on the merits of the case, this Court is inclined to release the applicant on bail. 8. It is directed that applicant Udit Thakur shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) of Cr.P.C. 9. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective. 10. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective. 10. Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant. Certified copy as per rules.