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2022 DIGILAW 666 (MP)

Rajaram v. State of Madhya Pradesh

2022-04-25

RAJENDRA KUMAR VERMA

body2022
JUDGMENT Rajendra Kumar Verma, J. - This is first application under Section 439 of Criminal Procedure Code, 1973, filed by the applicant for grant of bail during trial. The applicant is facing trial in connection with Crime No.84/2022, registered at Police Station-Nalkheda, District-agar (Malwa), concerning offence under Sections 34(2) of M.P. Excise act, 1915. Allegation against the applicant is that he is involved in the offence wherein 1872 liters of beer was recovered from the possession of co-accused persons. applicant was also arrested, as the vehicle which was used for transportation of the alleged liquor was in the ownership of the present applicant. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present crime. He is arrested in the case only because he is the owner of the pick up vehicle. It is also submitted that the pick-up van was hired by the accused persons. There is no recovery from the present applicant. There are no criminal antecedents against the applicant, who is in custody since 26.03.2022, charge sheet has been filed and conclusion of trial will take sufficient long time. Under these circumstances, learned counsel prays for grant of bail to the applicant. Learned Panel lawyer has opposed the application, however, he fairly conceded that there is no criminal antecedents against the applicant. Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed. It is directed that the applicant/accused 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 in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C. In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C. In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant. This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the precondition of bail, it shall become ineffective and cancelled without reference to this Bench. Certified Copy as per rules.