JUDGMENT

Vivek Rusia, J. - This is a First application under Section 439 Cr.P.C. by applicants - Kapil S/o Pawan Jaiswal, who has been arrested by Police on 28.08.2020 in Crime No.341/2020, Police Station Satwas, District Dewas concerning offence under Sections 34 (2) of the M.P. Excise Act.

2. Heard the learned counsel for the parties through video conferencing and perused the case diary.

3. As per prosecution story, on 27.08.2020, 78 bulk liter foreign liquor was found in possession of the applicant. He has failed to give any explanation for it, hence, he has been made accused in this case.

4. Learned counsel for the applicant submits that he has been falsely implicated in this case. The applicant is in jail since 28.08.2020. Applicant is ready to obey the condition imposed by this Court. Hence, the applicant be released on bail.

5. Learned Panel Lawyer opposes the prayer for grant of bail by submitting that as many as 9 criminal cases have been registered against him and recently a criminal case in Crime No.21/2020 under Section 34 of IPC is also registered against him.

6. Looking to the criminal past and no defence is available under Section 59-A of the M.P. Excise Act at presen