GAURAV Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard through video conferencing. This is 5th bail application filed by the applicant under Section 439 Cr.P.C. for grant of bail during trial. Applicant's first application MCRC No.24/01/2020 was dismissed as withdrawn vide order dated 24/01/2020, second application MCRC No.9055/2020 was dismissed on merit vide order dated 28/02/2020, third application MCRC No.17434/2020 was withdrawn on 08/07/2020 and last application MCRC No.37717/2020 was dismissed on 07/10/2020.

(2.) The applicant is facing trial for an offence punishable under Section 34(2)(A), 34(2), 36, 40(A) of the M.P. Excise Act registered with Police Station Excise Circle, Sardarpur, District Dhar, in Crime no.1055/2019. The applicant is in custody since 15/12/2019.

(3.) Learned counsel for the applicant has submitted that the applicant is in custody since 15/12/2019 and his earlier two applications have already been dismissed on merits, however, the last application MCRC No.37717/2020 has also been dismissed as withdrawn on 07/10/2020. Counsel has submitted that further 3 months have been passed after the earlier dismissal and there are no criminal antecedents of the applicant and he has also undergone the minimum sentence provided under the Act and considering the fact that this was his first offence, it is expected that if found guilty he might be sentenced to the minimum sentence provided under the Act. Counsel has also submitted that the final conclusion of trial is still awaited and would take sufficient long time on account of COVID-19 situation, hence, has prayed that the applicant be released on bail.