RAMESH Vs. STATE OF M P

JUDGEMENT

(1.) This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure. The applicant is in custody since 6.8.2020, in connection with Crime No.393/2020, registered at Police Station Pandhurna, District Chhindwara (M.P.) for the offence punishable under Section 34(2) of M.P. Excise Act.

(2.) As per prosecution story, on 6.8.2020, police of Police Station Pandhurna, District Chhindwara, received information from the informant that applicant along with other co-accused is carrying illicit liquor on a motorcycle-CD110 (without Registration number) contained in a black coloured tube. Thereafter, the police officials reached on the spot and seized 60 bulk liters of country made liquor from the possession of accused/applicant and other co-accused.

(3.) Learned counsel for the applicant submits that applicant is in jail since 6.8.2020. No liquor was seized from the possession of applicant. Charge sheet has been filed. It is the time of COVID-19, so further proceedings in the trial Court is withheld and conclusion of trial will take time. There is no previous criminal antecedent of the applicant. The applicant is not previously convicted under Section 34(2) of M.P. Excise Act, so, there is no probability to repeat the offence. There is no possibility of his absconding or tampering with the prosecution evidence. The applicant has been falsely implicated in this case. He is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.