Bablu Jatav @ Bheda vs. The State Of Madhya Pradesh

HIGH COURT OF MADHYA PRADESH : JABALPUR

M.Cr.C. No.18272/2021 (Bablu Jatav @ Bheda vs. The State of Madhya Pradesh)

Jabalpur, dated : 28-04-2021 -

Heard through video conferencing.

Shri Rajesh Kumar Tiwari, learned counsel for the applicant. Ms. Supriya Singh, learned Panel Lawyer for the respondent/State. Heard finally.

On account of prevailing conditions worldwide, brought about by the COVID-19 virus the bail application has been heard through video conferencing in order to maintain social distancing. The necessary parties have effectively been represented by their respective counsel via video conferencing.

This is the first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of bail in connection with Crime No.23/2021 registered at the Police Station, Ayodhya Nagar, District Bhopal, for the offence punishable under sections 34(2) of the M.P. Excise Act.

Learned counsel for the applicant submits that 60 bulk litres of country-made liquor is alleged to have been seized from the applicant. He submits that the applicant is in jail since 19-01-2021 and the offence is triable by the Judicial Magistrate First Class and the trial is likely to take long time.

Learned counsel for the State opposed the prayer for grant of bail to the applicant.

Considering the aforesaid alleged quantity of liquor and further the applicant is in jail since 19-01-2021 and the trial is likely to take long time and there is no criminal record against the applicant, I am of the view that the applicant is entitled for grant of bail.

Accordingly, it is directed that the applicant – Bablu Jatav @ Bheda shall be enlarged on bail upon his furnishing a personal bond of Rs.50,000/- (Rs. Fifty Thousand only) with one surety of the like amount to the

satisfaction of the trial Court. Further, the applicant shall comply with the provisions of Section 437(3) Cr.P.C.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU – W.P. (C) No.1/2020 and ensure that the applicant is examined by the jail doctor before his release.

If the applicant show symptoms of COVID-19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.

A typed copy of this order is being forwarded to the Office of the Advocate General on their e-mail address for intimation to the Police Station concerned. The Office is requested to forward a copy of this order to the learned Court below.

The application is accordingly allowed.

C.c. as per rules.

(Vijay Kumar Shukla) Judge

ac.

Digitally signed by AJAY KUMAR CHATURVEDI Date: 2021.04.28 13:41:01 +05'30'