GOLDI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this second application u/S. 439, Cr.P.C. for grant of bail. First application was dismissed as withdrawn vide order dt.04.10.2021 passed in M.Cr.C No.49183/2021.

(2.) The applicant has been arrested on 10.07.2021 by Police Station Nagra, District Morena (M.P.), in connection with Crime No.102/2021 registered in relation to the offence punishable under Sections 34(2), 47(A), 49(A) of Excise Act.

(3.) Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in custody since 10.07.2021. Charge sheet has been filed, therefore, no further custodial interrogation is required. Offence is triable by JMFC. There is no FSL report to indicate that the said liquor was found unfit for human consumption. Disposal of the matter will take long time. It is further submitted that trial is held up due to COVID-19 and the applicant cannot be kept in custody for an unlimited period without any substantial reason. It is further submitted that in view of outbreak of COVID-19, detention of the applicant in already congested prison may be detrimental. The applicant is permanent resident of District Morena (M.P.) and there is no likelihood of his absconsion or tampering with the prosecution evidence and he is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.