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2020 DIGILAW 997 (MP)

Suraj Dubey v. State Of Madhya Pradesh

2020-10-05

RAJENDRA KUMAR SRIVASTAVA

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JUDGMENT Rajendra Kumar Srivastava, J. - This is first bail application filed by the applicants under Section 439 of the Code of Criminal Procedure. 2. The applicants are in custody 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. 3. As per prosecution story, on 17.08.2020, on the information of an informant, that some persons are carrying illicit liquor in cars bearing registration No.MP-20-F/3756 & MP-17-CA/2563 police officials reached on the spot and during search, police has seized 143.64 bulk liters of foreign liquor from the aforesaid vehicles. It is found that the applicants did not have any authority for keeping that liquor in their possession. 4. Learned counsel for the applicants submits that applicants are in jail sinc e 17.08.2020. Applicants have been falsely implicated in this case. Alleged foreign liquor was not seized from the possession of applicants. Investigation is complete. Applicants are aged 20 and 18 years respectively. They are students. Co-accused-Ritesh Kumar Dubey has already been released on bail by order dated 11.9.2020 passed in M.Cr.C.No.31295/2020. 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 applicants, so, there is no probability to repeat the said offence. There is no possibility of their absconding or tampering with the prosecution evidence. Applicants are ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicants prays for grant of bail to the applicants. 5. Per-contra, learned Panel Lawyer opposes the bail application. 6. There is no possibility of their absconding or tampering with the prosecution evidence. Applicants are ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicants prays for grant of bail to the applicants. 5. Per-contra, learned Panel Lawyer opposes the bail application. 6. After hearing arguments of the parties and looking to the facts and circumstances of the case, the applicants are in jail since 17.08.2020, there is no criminal antecedent against the present applicants, so, there is no probability to repeat the offence, investigation is complete, the applicants is students, Co-accused-Ritesh Kumar Dubey has already been released on bail by order dated 11.9.2020 passed in M.Cr.C.No.31295/2020, 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 applicants in jail whole the trial, therefore without commenting on merits of the case, application of the applicants under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed. 7. It is directed that applicants-Suraj Dubey and Niraj Dubey be released on bail on their furnishing bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) each with one surety of the same amount each to the satisfaction of the JMFC concerned or trial Court for their appearance before the trial Court on the dates given by the concerned Court. It is directed that the applicants shall comply with the provisions of Section 437(3) of the Cr.P.C. In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicants 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 applicants by the jail doctor before their release. 2 . The applicants shall not be released if they are suf ering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out. 3 . The Jail Authority shall ensure the medical examination of the applicants by the jail doctor before their release. 2 . The applicants shall not be released if they are suf ering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out. 3 . If it is found that the applicants are suf ering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing them in appropriate quarantine facility. 9. Certified copy as per rules.