The completion of investigation, filing of chargesheet, lack of criminal antecedents, and absence of FSL report on the spurious liquor were crucial in granting bail to the applicant.

JUDGMENT

Vijay Kumar Shukla, J. - This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.1014/2021 registered at Police Station Vijay Nagar, Indore (M.P.) under Section 49-a and 34 of the M.P. Excise act.

As per prosecution case, the applicant was found in possession of 10 liters spurious liquor which was unfit for human consumption.

Counsel for the applicant submits that applicant is in jail since 16.10.2021. He has no criminal antecedents. Investigation is complete, chargesheet has been filed and applicant is not required for further custodial interrogation. It is further submitted that no FSL report is available regarding liquor being spurious. In these circumstances, the applicant be released on bail.

Learned counsel for State opposes the bail application, however he fairly submits that there is no criminal record of the applicant.

Taking into consideration the aforesaid submission and the fact that investigation has already been completed and chargesheet has been filed and applicant has no criminal antecedents, I am of the view that applicant is entitled for bail. Therefore, without expressing any view on the merits of the case, the application is allowed.

It is directed that applicant- Shubham shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the trial court.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTaGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his/her release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him/her to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his /her transportation from the jail till his place of residence.

It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant.

A typed copy of this order is being forwarded to the Office of the advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Court below.