BHAIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this SECOND bail application under Sec. 439 of Cr.P.C. for grant of bail. Applicant has been arrested on 20/1/2023 by Police Station Kotwali, district Rewa, in connection with Crime No.1113/2022 for an offence punishable under Sec. 34(2) of the M.P. Excise Act, 1915. His first bail application was dismissed by this court as withdrawn vide order dtd. 8/2/2023 passed in M.Cr.C. No.6371/2023.

(2.) It is the submission of learned counsel for applicant that the applicant is suffering confinement since 20/1/2023 and charge-sheet has already been filed. It is further submitted that as per allegation, the applicant was found transporting 60 bulk litres of illicit liquor without permit. He fairly submits that the applicant bears criminal record of 17 cases, all are of offence under Sec. 34(1), barring few cases of offence under Sec. 34(2) of the Excise Act. The applicant has learnt the lesson hard ways and intends to mend his ways to become a better citizen by not involving in criminal activities in future. Therefore, chance be given for course correction. Confinement amounts to pre-trial detention. He undertakes that the applicant will cooperate in trial and will abide by all the terms and conditions as imposed by this court. He further undertakes that the applicant shall perform community service to purge his misdeeds, if any, and to serve National/ Environmental/ Social Cause. Under these grounds, counsel for applicant prayed for grant of bail to the applicant.

(3.) Learned Government Advocate for the State opposed the prayer for grant of bail and prayed for its dismissal.