MUKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant. The applicant is in custody since 20/04/2020 in connection with crime No.203/2020 registered at Police Station Lasudia, District Indore for the offence punishable under section 34(2) of the M.P.Excise Act.

(2.) As per prosecution case, applicant is found to be in unauthorized possession of 60 bulk liters of liquor without having any valid. Accordingly, case has been registered against the accused person/applicant.

(3.) Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime. The applicant had suffered jail incarceration since 20/04/2020. The investigation is complete and challan has been filed. Therefore, the applicant is not required for custodial interrogation. The applicant does not have criminal antecedents. The applicant is sole bread earner in the family and the family is on the verge of starvation due to the jail incarceration. His further incarceration shall jeopardize life of the family members. Due to Covid- 19, the Court proceedings are paralyzed and regular proceedings are not taking place as a result there is possibility of undue and prolonged delay of trial in the obtaining facts and circumstances cannot be ruled out. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.