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2020 Supreme(MP) 899

J.P.GUPTA
Rajkumar Batham – Appellant
Versus
State Of Madhya Pradesh – Respondent


Advocates Appeared:
Narendra Nikhare, Advocate, Pradeep Dwivedi, Advocate

JUDGMENT

J. P. Gupta, J. - This is the first bail application filed by the applicants under Section 439 of the Cr.P.C. for grant of bail, who are in custody since 26.9.2020 in connection with Crime No.02/2020 registered at Police Station Flying Squad Exice, District Raisen for the offence punishable under Section 34(2) of the M.P. Excise Act, 1915.

2. Allegation against the applicants are that they were transporting 180 bulk litres of liquor in two vehicles and they have no authority to carry the same.

3. It is submitted that the applicants are innocent. They are in custody since 26.9.2020. Investigation is almost over. Trial will take time. There is no criminal antecedents against the applicants and there is no likelihood of their absconding and tempering with the material witnesses. Due to Covid-19, there is a need to reduce the crowd in the prison. Hence, they be enlarged on bail.

4. Learned P.L. opposed the application and prayed for rejection of the same.

5. Having considered the contentions of learned counsel for the parties and perusing the record, without commenting anything on the merits of the case, in view of this court, it is a fit case to grant bail. Hence, this applica

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