Point of Law: Search and Seizer of illicit wine/liquor - Grant of bail - Having no criminal history.

JUDGMENT :

VISHAL MISHRA, J.

1. Heard learned counsel for the parties.

2. At the very outset, learned counsel for the applicants prays for withdrawal of the present (1st) bail application on behalf of applicant No. 1/Vipin Kumar as he is having criminal history of five case has pointed out by the State counsel.

3. Prayer is allowed.

4. Accordingly, present bail application is dismissed as withdrawn with respect to applicant No. 1-Vipin Kumar.

5. The applicants has filed this first application under Section 439 of the Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Civil Lines, District Morena in connection with Crime No. 279/2021 registered in relation to the offence punishable under Sections 34(2) and 47-A of M.P. Excise Act.

6. It is submitted by the counsel for the applicant that he has been falsely implicated in the case. He has not committed the offence in any manner. It is alleged by the counsel for the applicant that as per prosecution case, 181.44 bulk litres of illicit wine/liquor has been seized from the joint possession of the applicant No. 2. He is in custody since 14.05.2021. Counsel for the applicant prays for grant of bail to the applicant. He has relied upon the orders passed by the Hon'ble Supreme Court in the case of IN RE: CONTAGION OF COVID-19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No. 1/2020 as well as order passed by the Division Bench of the Principal seat on 17.05.2021 IN RE: CONTAGION OF COVID-19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No. 9320/2021 regarding decongestion of prisoners. He is ready to abide by all the terms and conditions as may be imposed by this Court and prays for grant of bail. There is no possibility of his absconding or tampering with the prosecution case.

7. Per contra, learned P.P. for the State opposed the application, but He fairly submits that as per case diary, he is first offender.

8. Taking into consideration and over all facts and circumstances of the case and placing reliance upon the orders passed by the Hon'ble Supreme Court as well as Division Bench of this Court regarding decongestion of the aforesaid cases and considering the present scenario of second phase of COVID-19, this Court deems it appropriate to allow this application subject to verification of the fact that he is having no criminal history. The applicant No. 2/Arvind Kushwah is directed to be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with one solvent surety of like amount to the satisfaction of the Investigation Officer /trial Court, as the case may be with submission of written undertaking and she shall abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID-19) pandemic and she will have to install Arogya Setu App, if not already installed.

9. 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 him 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. The applicant will not seek unnecessary adjournments during the trial.

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

7. The applicant will inform the concerned S.H.O. 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