RAJU SHIVHARE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Matter is heard through video conferencing. This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure. The applicant is in custody since 09.03.2020, in connection with Crime No. 80/2020 registered at P.S.- Tendukheda, Distt.-Damoh (M.P.) for the offence punishable under Section 34(2) , 42 of Excise Act.

(2.) A s per prosecution story on 09.03.2020 A.S.I.-M.K. Patel of P.S.- Tendukheda has received an information that some people in Alto Car has taken illegal liquor from Jabalpur to Tendukheda. On the information, A.S.I. with other staff have stopped the white car near Jamunkheda and found that on driver's seat there was red wine in the cartoon. The co-accused Jitendra was driving the car with having supported co-accused Yashwant Singh @ Rohit Gond was also sitting. After investigation, it is found that the same liquor was carrying from Raju Shivhare and Manager Vijju @ Vijay Rajak situated at Country Made Shop Cherital, Jabalpur and also it is alleged that more than 50 bulk liter of liquor were seized from their possession and the applicant with other co-accused were arrested. The police arrested them and lodged FIR against the applicant for the aforesaid offences.

(3.) Learned counsel for the petitioner submits that the applicant is in jail since 09.03.2020. He further submits that the applicant has been falsely implicated in this case. The applicant is made an accused in this case only on the basis of memorandum of co-accused. There is no seizure of liquor from the possession of the present applicant. There is no case made out under Section 34(2) of M.P. Excise Act against this applicant-accused. There is no probability to repeat the offence by the applicant. There is no chance of his absconding and tampering with the evidence. The trial will take time for final disposal due to COVID-19. The applicant 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.