Madhya Pradesh High CourtSumeet vs The State Of Madhya Pradesh on 10 January, 2022Author:Vishal MishraBench:Vishal Mishra1                         MCRC-62998-2021\n                                         The High Court Of Madhya Pradesh\n                                                 MCRC No. 62998 of 2021\n                                                      (SUMEET Vs THE STATE OF MADHYA PRADESH)\n\n                                 Jabalpur, Dated : 10-01-2022\n                                       Heard through Video Conferencing.\n\n                                       Ms. Kahkasha Mansoori, learned counsel for the applicant.\n                                       Shri Reji Mathai, learned panel lawyer for the respondent/State.This is the first bail application underSection 439of the Cr.P.C filed\n                                 by the applicant for grant of bail.T he applicant is arrested on 5.7.2021 by Police Station-Ganj Betul,\n\n                                 District-Betul (MP) in connection with Crime No.243/2021 for the offence\n                                 punishable underSection 34 (2)of M.P. Excise Act.I t is alleged that 60 bulk liters of country made liquor has been\n                                 recovered from the possession of the present applicant. Investigation is over\n                                 and charge sheet has been filed in the matter on 21.7.2021. There is no further\n                                 requirement of custodial interrogation of the applicant. He is a first offender.\n                                 Upon these grounds, counsel for the applicant prayed for grant of bail.P er contra, learned counsel appearing for the State has vehemently\n                                 opposed the bail application but he could not dispute the fact that the charge\n\n                                 sheet has been filed in the matter.Considering the over all facts and circumstances of the case as well as\n                                 looking to this Covid-19 Pandemic Scenario and the period of custody and\n                                 also the fact that the applicant is the first offender having no criminal history,\n                                 without commenting upon the merits of the case, this application is allowed.\n                                 The applicant be released on bail subject to verification of the fact that the\n                                 applicant is a first offender having no criminal history and on furnishing\n                                 surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one local\n                                 surety in the like amount to the satisfaction of trial Court.The applicant shall submit written undertaking that he will abide by all\n                                 terms and conditions of the different circulars, orders as well as guidelinesSignature Not VerifiedSANissued by the Central Government, State Government as well as LocalDigitally signed by MOHD IRFANSIDDIQUIDate: 2022.01.11 14:06:44 IST2                           MCRC-62998-2021\n                                 Administration for maintaining social distancing, hygiene etc. to avoid Novel\n                                 Corona Virus (COVID -19) pandemic and he will have to install Arogya Setu\n                                 App, if not already installed.This order will remain operative subject to compliance of the following\n                                 conditions by the applicant :-1. The applicant will comply with all the terms and conditions of the\n\n                                 bond executed by him;2. The applicant will cooperate in the investigation/trial, as the case may\n                                 be;3. The applicant will not indulge themselves in extending inducement,\n                                 threat or promise to any person acquainted with the facts of the case so as to\n                                 dissuade them from disclosing such facts to the Court or to the Police\n                                 Officer, as the case may be;4 . The applicant shall not involve any other offence, in case the\n                                 applicant indulge in any other criminal case the benefit of bail as extended by\n                                 this Court shall automatically cancelled.5. The applicant will not seek unnecessary adjournments during the\n                                 trial;6. The applicant will not leave India without previous permission of the\n                                 trial Court/Investigating Officer, as the case may be.7. If the applicant is found involved in any case except present one,\n                                 his bail shall stand rejected without any reference to the court;8.   The applicant will inform the concerned S.H.O. of concerned\n                                 Police Station about his residential address in the said area and it would be\n                                 the duty of the Public Prosecutor to send E-copy of this order to SHO of\n                                 concerned police station as well as Superintendent of Police concerned who\n                                 shall inform the concerned SHO regarding the same.Application stands allowed and stands disposed of.\n                                          I n view of the COVID-19, jail authorities are directed that before\n                                 releasing the applicant, medical examination of applicant shall be undertakenSignature Not VerifiedSANDigitally signed by MOHD IRFANSIDDIQUIDate: 2022.01.11 14:06:44 IST3                      MCRC-62998-2021\n                                 by the jail doctor and on prima facie, if it is found that he is having the\n                                 symptoms of COVID-19, then consequential follow up action including the\n                                 isolation/quarantine or any test if required, be ensured, otherwise applicant\n                                 shall be released immediately on bail and shall be given a pass or permit for\n                                 movement to reach his place of residence.E-copy of this order be provided to the applicants and E-copy of this\n                                 order be sent to the trial Court concerned for compliance. It is made clear\n                                 that E-copy of this order shall be treated as certified copy for practical\n                                 purposes in respect of this order.CC as per rules.(VISHAL MISHRA)\n                                                                                             JUDGE\n\n                                 irfanSignature Not VerifiedSANDigitally signed by MOHD IRFANSIDDIQUIDate: 2022.01.11 14:06:44 IST