VIRENDRA SHIVHARE Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this first application u/S. 439 Cr.P.C . for grant of bail. The applicant has been arrested on 28/06/2020 by Police Station- Senodha, District- Datia in connection with Crime No.52/2020 registered in relation to the offence punishable under Sections 34(2) of M.P. Excise Act.

(2.) Prosecution story, in short, is that on 10/04/2020, during lock down period, the police was deployed on the bridge of Sindh river for checking then one alto car came from Mangrol and stopped at the some distance from the checking point. When the police reached near Alto car and searched that car. In searching, the police found 135 bulk liters of country made liquor from the said car. On the basis of aforesaid, crime has been registered against the applicant.

(3.) Learned counsel for the applicant submits that the applicant is aged about 33 years who has no criminal past alleged against him and he has been falsely implicated in this case. He is not concerned with the case directly or indirectly. It is also submitted by the learned counsel for the applicant that the case is triable by the JMFC and the said liquor was not seized from the possession of the applicant. The applicant is in custody since 28/06/2020 without any substantial reason. Attention has also been invited to the guidelines issued to all the States and Union Territories by the Apex Court for de-congesting the prisons in suo motu W.P. (C) No.1/2020 (IN RE: CONTAGION OF COVID 19 VIRUS IN PRISONS) to consider release of prisoners who have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less by constituting a High Powered Committee. The applicant is a permanent resident of District- Bhind and there is no possibility of his absconding or tampering with the prosecution evidence. He is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.