AMARDEEP SHIVHARE Vs. STATE OF M.P.

JUDGEMENT

(1.) In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsel through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.

(2.) Heard the learned counsel for the parties. The applicant has filed this first application u/S.438 Cr.P.C . for grant of anticipatory bail as he has an apprehension of his arrest in connection with Crime No.49/2020 registered at Police Station Purani Chhawani, Distt. Gwalior for the offences punishable under Section 34 (2) of Excise Act .

(3.) It is alleged by the counsel for the applicant that there were 13 petty illicit liquor in which there were 50-50 quarters in each petty. It is further alleged that the applicant has been falsely implicated in the case and he has not committed any offence in any manner. Allegation against the present applicant is that the applicant helped to the co-accused persons in transporting the illegal liquor. There is no recovery from the possession of the applicant. There is no criminal antecedent against the applicant. The applicant has been made an accused on the memorandum under Section 27 of the Evidence Act of the other co-accused. The applicant is ready to abide by all the conditions which may be imposed by this Court. He has shown willingness to serve the national cause by making some contribution to the PM Care fund. There is no possibility of absconding or tampering with the prosecution evidence. On these grounds, counsel for the applicant prays for grant of anticipatory bail to the applicant.