DINESH MIRI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the first bail application filed by the applicants under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.), seeking grant of regular bail to them, as they have been arrested on 30/4/2023 and were sent to Judicial Custody on 1/5/2023 in connection with Crime No.69 of 2023, registered in Police Station Sariya, District Sarangarh (Bilaigarh) for the offence punishable under Sec. 34 (2) of the Chhattisgarh Excise Act.

(2.) According to the prosecution story, 200 bulk liters of hand made Mahua liquor have been seized from the possession of the applicants, and therefore, the alleged offence have been registered against them.

(3.) Learned counsel appearing for the applicants submits that the applicants are innocent and have been falsely implicated in connection with the said crime and further submits that the offence is triable by the Judicial Magistrate First Class, and therefore, looking to the detention period, they may be enlarged on bail.