HEMANT KATARA Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this first bail application u/S.439 of Cr.P.C for grant of bail. Applicant has been arrested on 02/07/2020 by Police Station Saraichhola, Distt. Morena (M.P.) in connection with Crime No.80/2020 registered for offence under Section 34(2) of Excise Act.

(2.) It is submitted by learned counsel for the applicant- Hemant Katara that the applicant has not committed any offence. Applicant is in custody since 02/07/2020. Learned counsel for the applicant submits that the applicant is the owner of the vehicle and he himself was driving the said vehicle from which, as per prosecution story, 381 bulk litres of liquor has been seized from the possession of the applicant. He has falsely been implicated in this case. There is no criminal antecedent of the present applicant. It is also submitted that investigation is pending and applicant will co-operate in the investigation. Hence, prays for grant of bail looking to the present COVID-19 condition. He further undertakes to abide by all the terms and conditions of guidance, 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.

(3.) Learned State counsel has vehemently opposed the application and has submitted that as per case diary, applicant is the owner of the seized vehicle and he himself was driving the vehicle from which, 381 bulk litres liquor has been seized from the possession of present applicant, which is very huge in quantity. It is further submitted that custody period of present applicant is also too short. It is also submitted that applicant is not co-operating in the investigation and mis-leading the facts before the investigating officer. Hence, prayed to reject the bail application of the applicant.