(1.) The applicants have filed this second bail application u/S.439 Cr.P.C for grant of bail. Applicants have been arrested on 11-09-2021 by Police Station Dharnavada District Guna in connection with Crime No.325/2021 registered for offence under Section 34(2) of M.P. Excise Act, 1915.
(2.) It is the submission of learned counsel for the applicants that false case has been registered against them and they are suffering confinement since 11-09-2021 whereas charge-sheet has already been filed. As per accusation of prosecution, 60 bulk liters liquor was found from the possession of the applicants. According to learned counsel for the applicants, they do not bear any criminal record. Looking to the period of custody, their case be considered. They learnt the lesson hard way and would mend their ways and would not commit the same nature of offence. Confinement since 11-09-2021 amounts to pretrial detention. They undertake to cooperate in trial. They further undertake to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing. Thus prayed for grant of bail.
(3.) Heard learned counsel for the parties at length and considered the arguments advanced by them.