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2020 DIGILAW 875 (MP)

Sanju @ Sanjay Yaduvanshi v. State Of Madhya Pradesh

2020-09-08

V.P.S.CHAUHAN

body2020
JUDGMENT Vishnu Pratap Singh Chauhan, J. - Heard on this first application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail. 2. The applicant is in jail since 08/06/2020 in connection with Crime No.219/2020, registered at Police Station-Parasia, District- Chhindwara (M.P.) for the offence under Section 34(2) of M.P. Excise Act, 1915. 3. The case of the prosecution against the applicant, in short, is that the applicant along with other co-accused were illegally carrying country made liquor. When police stopped the motorcycle, the person who was sitting as a pillion rider, fled away from the spot. The other co-accused was apprehended with the liquor and he furnished the details of the applicant. 4. Having heard learned counsel for the parties, after investigation, charge sheet has been filed, the application filed by co-accused has been dismissed by this Court because co-accused was having criminal past, so far the present applicant is concerned, he is not having any criminal past, considering all these facts and considering the present situation of widespread of Corona virus (COVID-19) pandemic, this Court is inclined to allow this application. Hence the application is allowed. 5. It is directed that applicant-Sanju @ Sanjay Yaduvanshi 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. 6. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective. 7. 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. 8. Certified copy as per rules.