ORDER

This is third application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.363/2022 registered at Police Station -Vijay Nagar, Indore (M.P.) under Sections 49A and 34 of the Excise Act.

The first bail application was dismissed as withdrawn with liberty to renew the prayer after filing of the chargesheet.

It is alleged that from the possession of applicant, 10 liters spurious liquor and 100 gram Copper Sulphate has been seized.

Counsel for the applicant submits that chargesheet has been filed and the statement of seizure witnesses have been recorded. They have turned hostile.

Applicant is in jail since 4.10.2021 and conclusion of trial will take sufficient long time. In these circumstances, the applicant be released on bail.

Counsel for the State opposes the prayer for grant of bail on the ground that apart from seizure of 10 liters spurious liquor, 100 gram Copper Sulphate has also been seized from the possession of applicant.

However, taking into consideration that applicant is suffering jail incarceration since 4.10.2021 and seizure witnesses have turned hostile, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.

It is directed that Applicant- Akash 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 court below.

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/her place of residence.

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.

C.c. as per rules. (VIJAY KUMAR SHUKLA) JUDGE MK