Prahlad Kapadiya @ Pullu vs. The State Of Madhya Pradesh

The High Court Of Madhya Pradesh

MCRC-10327-2021

(PRAHLAD KAPADIYA @ PULLU Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 01-03-2021

Shri Arubendra Singh Parihar, learned counsel for the applicant. Shri Subodh Tamrakar, learned Panel Lawyer for the respondent/State. Case diary is available.

Heard. .

This is first application filed by the applicant/accused under Section 439 of Cr.P.C for grant of bail in connection with Crime No.88/2021 registered at Police Station Nagod, District Satna for the offence punishable under Section 34 (2) of the M. P. Excise Act, 1915.

As per the prosecution, the allegation against the applicant is that from his illegal possession 60 bulk liters of liquor was seized.

It is submitted by the counsel for the applicant that the applicant is innocent person. He has falsely been implicated in the crime. It is further submitted that the offence is triable by the Magistrate of First Class. The applicant is in custody since 01.02.2021. There is no likelihood of his absconding or tampering with the prosecution witness. Therefore, it is prayed that the applicant be released on bail.

Learned counsel for the respondent/State opposing the submissions made on behalf of the applicant has prayed for rejection of the bail application.

Considering the facts and circumstances of the case, this application is allowed. It is ordered that the applicant be released on bail on his furnishing a personal bond for the sum of Rs.30,000/- (Rupees Thirty Thousand only) with a solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C. It is further directed that in future, if the applicant is involved or arrested in connection with offence punishable

under the MP Excise Act, the bail granted in this case shall stand cancelled.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government of India with regard to COVID-19 before releasing the applicant

Certified copy as per rules.

(MOHD. FAHIM ANWAR) JUDGE

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