JUDGMENT Rajendra Kumar Srivastava, J. - This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure. The applicant is in jail since 17.08.2020, in connection with Crime No.616/2020, registered at Police Station Kotwali, Rewa, District Rewa (M.P.) for the offence punishable under Section 34(2) of M.P. Excise Act. 2. As per prosecution story, on 17.08.2020, on the information of an informant, that some persons are carrying illicit liquor in a car bearing registration No.MP-20-S/3756 police officials reached on the spot and during search, police has seized 81 bulk liters of country made liquor from the possession of the applicant/accused and another co-accused. It is found that the applicant did not have any authority for keeping that liquor in his possession. 3. Learned counsel for the applicant submits that applicant is in jail since17.08.2020. Applicant has been falsely implicated in this case. Alleged country made liquor was not seized from the possession of applicant. Charge-sheet has been filed. Applicant is student. It is the time of COVID-19, so further proceedings in the trial Court is withheld and conclusion of trial will take time.There is no criminal antecedent against the present applicant, so, there is no probability to repeat the said offence. There is no possibility of his absconding or tampering with the prosecution evidence. Applicant is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant. 4. Per-contra, learned Panel Lawyer opposes the bail application. 5. After hearing arguments of the parties and looking to the facts and circumstances of the case, the applicant is in jail since 17.08.2020, there is no criminal antecedent against the applicant/accused, so, there is no probability to repeat the offence,Charge-sheet has been filed, the applicant is a student, it is the time of COVID-19, so further proceedings in the trial Court is withheld and conclusion of trial will take time, there is no probability of his absconding or tampering with the prosecution evidence, it would not be appropriate to keep the applicant in jail whole the trial, therefore without commenting on merits of the case, application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed. 6.
Consequently, it is hereby allowed. 6. It is directed that applicant-Amit Kumar Carpentar be released on bail on his furnishing bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one surety of the same amount to the satisfaction of the JMFC concerned or trial Court for his appearance before the trial Court on the dates given by the concerned Court. It is directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. 7. In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply the rules and norms of social distancing. 8. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :- 1. The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release. 2 . The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out. 3. If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility. 9. Certified copy as per rules