Bablu @ Vijay Pardi vs The State Of Mp.
2021 Latest Caselaw 2289 MP

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              HIGH COURT OF MADHYA PRADESH
                         MCRC.No.26714/2021
            (Bablu alias Vijay Pardi Vs. The State of M.P.)

Gwalior, Dated : 11.06.2021

      Shri Vipin Babu Sharma, learned counsel for the applicant.

      Shri Alok Sharma, learned Panel Lawyer for the State.

      Heard the learned counsel for the parties through Video

Conferencing.

      The applicant has filed this first application u/S.439 Cr.P.C. for

grant of bail. The applicant has been arrested on 06.05.2021 by Police

Station Kurwai, District Vidisha (M.P.) in connection with Crime

No.168/2021 registered in relation to the offence punishable u/Ss. 34

(2) and 49-A of the Excise Act and Section 188, 269, 270 of IPC.

      It is alleged by the counsel for the applicant that as per the

prosecution story, 60 liters of liquor has been seized from the

possession of the present applicant which is stated to be harmful for

human consumption. The applicant is the first offender. It is stated that

if the report received from the FSL shows that the liquor seized is

harmful for human consumption, then this order may be treated to be

cancelled automatically and he will surrender and apply afresh. The

applicant is ready to abide by all the terms and conditions that may be

imposed by this court while considering the application for grant of

bail. There is no possibility of his absconding or tampering with the

prosecution case. Looking to the present scenario of Covid-19, learned

counsel for the applicant prays for grant of bail to the applicant.
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               HIGH COURT OF MADHYA PRADESH
                            MCRC.No.26714/2021
            (Bablu alias Vijay Pardi Vs. The State of M.P.)

      Per contra, learned Panel Lawyer for the State has opposed the

bail stating that the liquor seized from the present applicant is harmful

for human consumption..

      Considering the overall facts and circumstances of the case and

looking to the pandemic scenario of Covid-19 and the orders passed by

the Supreme Court in Suo moto W.P.(C) No.1/2020 as well as the

Division Bench has recently passed the judgment in the case of In

Reference (Suo Moto) Vs. Union of India and Others vide dated

23.04.2021 in W.P.No.8820/2021, this Court deems it appropriate to

allow this application.

      The application is allowed subject to verification of the fact that

there is no criminal antecedent against the present applicant. The

applicant is directed to be released on bail on furnishing surety bond of

Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of

the like amount to the satisfaction of the Investigation Officer/trial

Court as the case may be with submission of written undertaking and

the applicant will abide by all terms and conditions of the different

circulars, orders as well as guidelines issued by the Central

Government, State Government as well as Local Administration for

maintaining social distancing, hygiene etc to avoid Novel Corona Virus

(COVID -19) pandemic and he will have to install Arogya Setu App,

if not already installed.
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                HIGH COURT OF MADHYA PRADESH
                           MCRC.No.26714/2021
              (Bablu alias Vijay Pardi Vs. The State of M.P.)

         This order will remain operative subject to compliance of the

following conditions by the applicant :-

1.

The applicant will comply with all the terms and conditions of

the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case

may be;

3. The applicant will not indulge himself in extending inducement,

threat or promise to any person acquainted with the facts of the case so

as to dissuade him from disclosing such facts to the Court or to the

Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence

of which he is accused;

5. The applicant will not move in the vicinity of complainant party

and the applicant will not seek unnecessary adjournments during the

trial;

6. The applicant will not leave India without previous permission

of the trial Court/Investigating Officer, as the case may be.

7. In case the FSL report received shows that the liquor seized

is harmful for human consumption, then this order may be treated

to be cancelled automatically and the applicant will surrender

immediately and apply afresh.

8. The applicant will inform the concerned S.H.O. of concerned

HIGH COURT OF MADHYA PRADESH MCRC.No.26714/2021 (Bablu alias Vijay Pardi Vs. The State of M.P.)

Police Station about him residential address in the said area and it

would be the duty of the Panel Lawyer to send copy of this order to

SHO of concerned police station as well as the concerning

Superintendent of Police who shall inform the concerned SHO

regarding the same.

Application stands allowed.

In view of the COVID-19, jail authorities are directed that before

releasing the applicant, medical examination of applicant shall be

undertaken by the jail doctor and on prima facie, if it is found that he is

having the symptoms of COVID-19, then consequential follow up

action including the isolation/quarantine or any test if required, be

ensured, otherwise applicant shall be released immediately on bail and

shall be given a pass or permit for movement to reach him place of

residence.

E-copy of this order be provided to the applicant and E-copy of

this order be sent to the trial Court concerned for compliance. It is

made clear that E-copy of this order shall be treated as certified copy

for practical purposes in respect of this order.

                                                       (Vishal Mishra)
AK/-                                                       Judge
       ANAND KUMAR
       2021.06.11
       19:49:23 +05'30'