RAMGOPAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This is the first bail application under Section 439 of Cr.P.C. on behalf of the applicant. The applicant is in custody since 30-05-2020 in connection with Crime No.261/2020 registered at Police Station Sironj District Vidisha for the offence punishable under Sections 34 and 49- A of the M.P. Excise Act.

(2.) It is the submission of the applicant that it is the case of false implication. Quantity of liquor as referred in the charge-sheet does not indicate that the liquor was unfit for human consumption. No FSL report has been filed by the prosecution alognwith the charge-sheet to substantiate the allegations regarding Section 49-A of Excise Act. Applicant is behind the bar since 30-05-2020 and his confinement amounts to pretrial detention. He learnt the lesson hard way and would mend his ways. He undertakes to cooperate in trial and would make himself available as and when required by the trial Court. He further undertakes to abide by all the terms and conditions of guidelines, 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. Applicant intends to perform community service and to serve the National cause by contributing in PM CARES Fund.

(3.) Learned Public Prosecutor for the State on the basis of case diary opposed the prayer made by the applicant and prayed for dismissal of bail application.