BALVEER KUSHWAHA Vs. STATE OF M.P.

JUDGEMENT

(1.) Matter is heard through Video Conferencing.

(2.) The applicant has filed this third bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 02.12.2019 by Police Station Pawai, District Bhind in connection with Crime No.122/2019 registered for offence under Sections 34(2) of M.P. Excise Act. Earlier applications were dismissed as withdrawn by this court.

(3.) It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 02.12.2019 whereas charge-sheet has already been filed. He learnt the lesson hard way and would mend his ways and would not commit the same nature of offence and would not involve in any criminal activity in future. Confinement amounts to pretrial detention. He undertakes to cooperate in trial. He 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. He intends to perform community service by way of depositing some amount in the PM CARES Fund. Counsel for the State opposed the prayer and prayed for dismissal of the bail application. Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.