RUPESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant. The applicant is in custody since 27/05/2020 in connection with Crime Case No. 189/2020 registered at Police Station Khudel, District-Indore for the offence punishable under section 34(2) of M.P. Excise Act.

(2.) As per prosecution story, on information from informant, police party raided the house situated in the field of the present applicant and recovered 252 litres of foreign liquor from possession of three persons including the present applicant without any license. Accordingly, the case has been registered against the applicant. Investigation is complete. Challan has been filed.

(3.) Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime. The investigation is complete and challan has been filed. The applicant is in jail incarceration since 27/05/2020 and the family is on the verge of starvation due to his jail incarceration. His further incarceration shall jeopardize life of the family members. The co-accused Bhagwan Singh has already been enlarged on bail by this Court by order dated 02/07/2020 passed in M.Cr.C. No. 21076/2020. Looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.