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Judgment
7 paragraphs · 269 wordsJ. P. Gupta, J
Arguments heard.
This is first bail application under Section 439 of Cr.P.C. filed on behalf of applicant Rahul Sharma, who is in custody in relation to Crime No.276/2020 registered at Police Station Excise Circle Obedullaganj, District Raisen (MP) for the offence punishable under Section 34(2) of the M.P. Excise Act.
According to the prosecution story, the allegation against the applicant is that he was found in unauthorized possession of 180 bulk litres of liquor.
Learned counsel for the applicant submits that he is innocent and is in custody since 7.9.2020. The case is triable by Magistrate. Charge sheet has been filed. Trial will take time. There is no likelihood of his absconding or tampering with the prosecution witnesses. No purpose will be served by keeping him in further custody. Applicant has not committed any offence earlier under the M.P.Excise Act. However, there is a record against him with regard to commission of offence under the Public Gambling Act, which is not very serious offence. Looking to the said facts, applicant's further custody is not warranted. Apart from it, at present, due to pandemic era of Covid-19, regular hearing is not taking place and in order to reduce the crowd in the jail, prayer is made to enlarge the applicant on bail.
On the other hand, learned Panel Lawyer for the State opposed the submissions and prayed for rejection of the bail application.
Considering the facts and circumstances of the case, looking to the period of custody, in view of this Court, the applicant is entitled to be released on bail. Hence, this application is allowed.