ASHISH SHUKLA Vs. STATE OF M.P.

JUDGEMENT

(1.) Matter is heard through video conferencing. The applicants have filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicants have been arrested on 12.04.2020 by Police Station Nateran Distt. Vidisha (M.P.) in connection with Crime No.79/2020 registered for offence under Section 34(2) of Excise Act and under Sections 270 , 188 , 269 , 34 of IPC.

(2.) It is submitted by learned counsel for the applicants that the applicants have been falsely implicated in the case and have no criminal antecedents. The applicant are in custody since 12.04.2020. It is further submitted by learned counsel for the applicants that as per prosecution story, during lock down period due to COVID-19, 120 bulk litres of country made liquor has been seized from the custody of each applicants. It is also submitted that the investigation is completed and charge-sheet is going to be filed soon. The applicants are ready to abide by any condition which may be imposed by this Court. Hence, prays for grant of bail. They further undertakes 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.

(3.) Learned State counsel opposed the prayer and has submitted that the case is registered under Section 34(2) of Excise Act and under Sections 270 , 188 , 269 , 34 of IPC during lock down period and in case of grant of bail, the applicants will affect the society again. Hence, prayed to reject the bail application of the applicants.