Sanju @ Viresh Singh vs State Of Madhya Pradesh

Vishnu Pratap Singh Chauhan, J

This is first bail application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail.

The applicant is in jail since 19.08.2020 in connection with Crime No.450/2020, registered at Police Station-Mangavan, District Rewa (M.P.) for the

offence punishable under Section 34(2) of the M.P. Excise Act. After investigation, charge sheet has been filed.

The case of prosecution against the applicant, in short, is that applicant Sanju and co-accused Pradeep was carrying a huge quantity of liquor on

motorcycle. When police intercepted and seized the liquor, both accused had not offered any explanation for carrying such huge quantity of liquor on

motorcycle. During investigation, applicant Sanju and co-accused Pradeep informed that they purchased this liquor from co-accused Satyam.

Heard learned counsel of both the parties. On a perusal of case diary, it is revealed that applicant Sanju and co-accused Pradeep were carrying 63

bulk litres of liquor on motorcycle. When police seized the liquor and asked for valid documents, both of them failed to furnish any valid licence or

authority for carrying such huge quantity of liquor. There is prima facie evidence available in the case dairy that applicant and co-accused Pradeep

were in possession of more than 50 bulk litres of liquor without any valid documents. As such, as per Section 59-A of the M.P. Excise Act, there is

prima facie evidence available against the applicant. Therefore, in the aforesaid circumstances, this Court is not inclined to release the applicant on

bail.

Consequently, this application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant-Sanju @ Viresh Singh,

is hereby dismissed.