PREMNARAYAN Vs. STATE OF MP

JUDGEMENT

(1.) Heard finally through Video Conferencing Case diary is available.

(2.) This second application under Section 439 of Cr.P.C. has been filed for grant of bail. First application was dismissed by order dated 27.05.2020 passed in M.Cr.C. No. 14272/2020 with liberty to file a fresh application after the lockdown is completely lifted. The applicant has been arrested on 27-4-2020 in connection with Crime No.55/2020 registered at Police Station Crime Branch Distt. Gwalior for offence under Section 34(2) of M.P. Excise Act. It is submitted by the counsel for the applicant that according to the prosecution case, 38 boxes of liquor were found in possession of the applicant and co-accused persons on 27.04.2020. The applicant is in jail for the last two months and Trial is likely to take sufficiently long time. The lockdown has been lifted. The investigation has been completed and the charge-sheet has also been filed. The applicant is ready and willing to comply any of the conditions which may be imposed by the Court. Since the allegations are that he was found in possession of the liquor during the lockdown, therefore, they are ready and willing to contribute for fighting against Covid-19 Pandemic, by depositing an amount of Rs.15,000/- with the Registry of this Court, to be utilized by the Civil Dispensary functioning in the Court premises. The co-accused persons have been enlarged on bail on the similar conditions.

(3.) Per contra, the application is vehemently opposed by the Counsel for the State.