Madhya Pradesh High Court
Kishore Kanjar vs The State Of Madhya Pradesh on 19 August, 2020
Author: Rohit Arya
Bench: Rohit Arya
1 M.Cr.C.No.23484/2020
(Kishore Kanjar Vs. State of M.P.)
Indore : Dated 19.8.2020
Shri A.KSaxena, learned counsel for the applicant.
Shri Vinay Puranik, learned Govt.Advocate for the
respondent/State.
Heard through video conferencing.
This is first bail application under Section 439 of the Criminal Procedure Code, 1973. The applicant is in jail since 24.6.2020 in connection with Crime No.71/2020 registered at P.S., Biaora Dehat, District Rajgarh, for offence punishable under Section 34(2) of M.P.Excise Act.
As per prosecution story, the applicant was found to be in unauthorized possession of 400 bulk litres of country made liquor. Accordingly, the case has been registered.
Investigation is complete and the challan has been filed. Learned counsel for the applicant contends that the applicant is innocent and he has been falsely implicated. No further custodial investigation is required. The applicant has no criminal antecedents. Learned counsel submits that on the same date the concerned Police Station has registered four cases of the same nature at Crime Nos.69, 70, 71 and 72 alleging seizure of 1240 bulk litres of country made liquor, out of which 400 bulk litres has been shown to be seized from the present applicant. In fact the applicant is subjected to false implication. The applicant has already suffered jail incarceration since 24.6.2020. Due to his jail incarceration his family is reeling under most precarious financial conditions. The two co-accused persons namely; Pappu and Arun have been granted bail vide M.Cr.C.No.23549/2020 on 29.7.2020 and M.Cr.C.No.23437/2020 on 11.8.2020 respectively. Under such circumstances the prayer for grant of bail may be considered on such terms and conditions as this Court deems fit and proper.
Per contra, Shri Puranik, learned Govt.Advocate for the respondent opposes the bail application supporting the order impugned 2 M.Cr.C.No.23484/2020 (Kishore Kanjar Vs. State of M.P.) prays for rejection of bail application. He fairly submits that in the case diary no criminal antecedents are indicated.
Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that the applicant is in jail since 24.6.2020, not required for custodial interrogation and the possibility of delay in conclusion of trial cannot be ruled out and similarly two co-accused persons have already been granted bail, the applicant is held entitled for enlargement on bail.
Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the applicant be released on bail on furnishing 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 learned Trial Court and on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:
(i) the applicant shall furnish a written undertaking with his complete residential details that he will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from time-
to-time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);
(ii) the applicant shall install Aarogya App (if not already installed) in his mobile phone;
(iii) the applicant shall not tamper with the evidence in any whatsoever manner or induce or threat any person acquainted with the facts of the case;
(iv) the applicant shall co-operate during trial and will not seek unnecessary adjournments during trial;
(v) the applicant shall not leave India or the area without previous permission of the trial Court/Investing Officer, as the case may be;
3 M.Cr.C.No.23484/2020(Kishore Kanjar Vs. State of M.P.)
(vi) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action including the isolation/quarantine or any further test required be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order and shall also be given pass or permit for movement to reach his place of residence;
(vii) violation of conditions, State is free to apply for cancellation of bail.
Learned Govt.Advocate is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action.
Registry is directed to send an e-copy of this order to the Court concerned for necessary compliance.
It is made clear that this e-copy order be treated as Certified copy in terms of the advisories issued by the High Court from time-to- time.
Certified copy as per rules.
(Rohit Arya) Judge Patil Digitally signed by Shailesh Patil Date: 2020.08.19 16:24:40 +05'30'