Madhya Pradesh High Court
Subham Kushwaha vs The State Of Madhya Pradesh on 18 August, 2020
Author: Vishnu Pratap Singh Chauhan
Bench: Vishnu Pratap Singh Chauhan
1 MCRC-24597-2020
The High Court Of Madhya Pradesh
MCRC-24597-2020
(SUBHAM KUSHWAHA Vs THE STATE OF MADHYA PRADESH)
2
Jabalpur, Dated : 18-08-2020
Heard through Video Conferencing.
Shri A. K. Gupta, learned counsel for the applicant.
Shri Rakesh Singh, learned Panel Lawyer for the respondent/State.
Heard on this first application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail.
T he applicant is in jail since 29.06.2020 in connection with Crime No.58/2019, registered at Police Station-Excise Circle Obedullaganj, District Raisen for the offence under Section 34(2) of the M.P. Excise Act.
T he case of the prosecution against the applicant, in short, is that Excise Department conducted a raid in the house of the applicant and seized 90 bulk litres country made liquor but the applicant was not present there. He remained absconded and not come forward to explain how this liquor was found in his house but later on when he was arrested on 29.06.2020 since then he is in custody.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. No criminal antecedents of the Excise Act have been registered against the applicant. Trial will take considerable time for its final disposal. In such circumstances, it is prayed that the applicant may be enlarged on bail.
On the other hand, learned Panel Lawyer for the respondent/State opposes the bail application and submits that there are criminal antecedents of the same nature of offence registered against the applicant. Therefore, he prayed to dismiss the application.
Having heard learned counsel for the parties, perused the case diary. Considering all the facts and circumstances of the case in their entirety Signature Not especially the facts as stated by learned counsel for the parties and also SAN Verified Digitally signed by BIJU Date: 2020.08.18 15:48:11 IST 2 MCRC-24597-2020 considering the present situation of widespread of Covid-19 virus, this Court is inclined to allow this application. Hence the application is allowed.
It is directed that applicant - Subham Kushwaha shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) of Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
J a il authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant.
Certified copy as per rules.
(VISHNU PRATAP SINGH CHAUHAN)
JUDGE
b
Signature
SAN Not
Verified
Digitally signed by
BIJU
Date: 2020.08.18
15:48:11 IST