The court considered the challenging period of Covid-19 and the absence of a criminal record in allowing the bail application.

JUDGMENT

Anand Pathak, J. - Matter is heard through Video Conferencing.

2. The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 1.9.2020 by Police Station, Bahodapur, District Gwalior, in connection with Crime No.564/2020 for the offence punishable under Section 49-A of the Excise Act.

3. It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 1.9.2020. As per allegations, 5 liters of country-made liquor, which was unfit for human consumption, has been seized from the possession of the applicant. It is further submitted that applicant does not bear any criminal record and no FSL report has been received so far. He learnt the lesson hard way and would mend his ways and would become a better citizen. Looking to the challenging period of Covid-19 and period of custody, his case be considered for bail. He undertakes to cooperate in investigation/trial. On these premises, he prayed for bail

4. Learned counsel for the State opposed the prayer and prayed for dismissal of the bail application.

5. Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.

6. Considering the submissions advanced by learned counsel for the applicant as well as fact situation of the case, but without expressing any opinion on the merits of the case, this application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) along with one solvent surety of the like amount to the satisfaction of trial Court.

7. In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his preliminary Corona Virus test shall be conducted and if he is found positive then the applicant shall be immediately sent to concerned hospital for his treatment as per medical norms but if he is found negative, then he shall be released. After his release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19.

8. This order will remain operative subject to compliance of the following conditions by the applicant :-

1.The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which he is accused ;

5. Applicant will not seek unnecessary adjournments during trial ;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

7. The applicant will inform the SHO of concerned police station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information.

9. Application stands allowed and disposed of.

10. E- copy of this order be sent to the trial Court concerned for compliance, if possible from the office of this Court.

Certified copy/ e-copy as per rules/directions.