IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK AGARWAL ON THE 9^th OF MAY, 2022 MISC. CRIMINAL CASE No. 22847 of 2022 Between:-

PUSHPENDRA LODHI S/O SHRI BHAGWANDAS LODHI , AGED ABOUT 33 YEARS, OCCUPATION: LABOUR R/O GRAM MAJRA BACHHODA P.S. KUDILA DISTT. TIKAMGARH M.P. (MADHYA PRADESH)

.....APPLICANT (BY SHRI RAVI SHANKAR PATEL, ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH STATION HOUSE OFFICER P.S. KHARGAPUR DISTRICT TIKAMGARH M.P. (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI RAMESHWAR RAO, GOVERNMENT ADVOCATE)

This application coming on for admission this day, the court passed the following:

ORDER

This is first bail application filed under Section 439 of the Code o f Criminal Procedure, 1973 on behalf of the applicant, who is in custody since 23.04.2022 in connection with Crime No.188/2021 registered at Police Station Khargapur, District Tikamgarh (M.P.)for the offence under Sections 34(2) of M.P. Excise Act.

As per prosecution case, 188 bulk liter of liquor has been seized Signature Not SAN Verified from joint possession of the present applicant and other co-accused Digitally signed by MOHD TABISH KHAN Date: 2022.05.09 person.

It is submitted by learned counsel for the applicant that the applicant i s innocent and he has been falsely implicated in this case. He is in custody since 23.04.2022. It is further submitted that the co-accused person has already been granted bail by this Court vide order dated 17.11.2021 in M.Cr.C No. 52257/2021. On the ground of parity, prayer is made to enlarge the applicant on bail.

Learned Government Advocate, on the other hand, opposes the bail application.

After hearing learned counsel for the parties and considering the facts & circumstances of the case and on the ground of parity, this Court is of the considered opinion that it is a fit case for grant of bail to the applicant. Hence, without commenting on the merits of the case, this application is allowed.

It is directed that applicant-Pushpendra Lodhi be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with two solvent sureties of the like amount to the satisfaction of the Trial Court to appear before the said Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr. P.

C.

This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.

In view of the outbreak of new mutant Omicron of COVID-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus/Omicron virus before and after releasing the applicant.

Certified copy as per rules.

(VIVEK AGARWAL)

JUDGE Tabish