JASWANT SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Case diary is available.

(2.) The applicant has filed this second application u/S. 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Chachoda, District Guna in connection with Crime No. 85/2021 registered in relation to the offence punishable under Section 34(2) of the M.P. Excise Act. First application was dismissed as withdrawn vide order dated 30.04.2021 passed in M.Cr.C. No. 21221/2021 with liberty to repeat the same along with criminal antecedents of the applicant.

(3.) It is submitted that the applicant has been falsely implicated in the case. He has not committed the offence in any manner. According to the prosecution story, 3500 litres of handmade country liquor has been seized from the possession of the present applicant. He is in custody since 09.03.2021. It is submitted by the Counsel for the applicant that in view of criminal antecedents of the applicant, he is ready and willing to abide by any stringent condition which may be imposed by this Court including that of cash surety. It is argued that looking to the present scenario of COVID 19 pandemic coupled with the directions issued by the Hon'ble Supreme Court in the case of IN RE: CONTAGION of COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No. 1/2020 as well as by the Division Bench of the Principal seat on 17.05.2021 IN RE: CONTAGION of COVID 19 VIRUS IN PRISONS in SUO MOTU W.P.(C) No. 9320/2021 regarding decongestion of prisoners, he prays for grant of bail. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his application for grant of bail.