BALLI KANJAR Vs. STATE OF M.P

JUDGEMENT

(1.) The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 18/5/2020 by Police Station Narwar, District Shivpuri in connection with Crime No. 84/2020 registered for offence for the offences punishable under Section 34(2) of MP Excise Act.

(2.) Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter. Applicant was never involved in the case in hand. As per prosecution, total 60 bulk liters of country-made liquor alleged to have been seized from the possession of the applicant. Charge-sheet is likely to be filed soon. Applicant does not bear any criminal record. The case is triable by the Magisterial Court. Confinement since 18/5/2020 amounts to pretrial detention. Looking to the prevailing condition of COVID-19, he seeks bail on sympathetic grounds. He undertakes to cooperate in trial. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID- 19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing. Further looking to the situation of pandemic, he intends to perform community service by serving the Nation by contributing his part by installing Arogya Setu App and contributing in Army Central Welfare Fund. Counsel for the State opposed the prayer and prayed for dismissal of the bail application.

(3.) Heard learned counsel for the parties at length through VC and considered the arguments advanced by them. After considering the rival submissions as well as considering the peculiar fact situation, wherein, we are facing wrath of pandemic COVID-19, this Court is of the considered opinion that applicant deserves to be released on bail. As this Court is not in a position to consider the facts of the case in detail, however, considering the fact that in view of Covid-19 pandemic, without commenting on the merits of the case, it is hereby directed that the applicant shall be released on bail, on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety to the satisfaction of trial Court and that he will have to install Arogya Setu App, if not already installed.