SHANU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is First bail application filed under section 439 Cr.P.C. Applicant Shanu @ Sonu Khan was arrested on 03/04/2020 in Crime No.207/2019 registered at Police Station Gourjhamar, District Sagar for the offence punishable under Section 34(2) of the Excise Act.

(2.) A s per prosecution case, on 30/09/2019, on the information of informant, police stopped vehicle bearing registration No.MP-15-G-3951 and seized 315 bulk liters of country made liquor from that vehicle which was illegally being carried by the applicant and other co-accused on that vehicle. It is alleged that applicant was also involved in the crime. At the time of incident he was also traveling in that vehicle and at the time of checking he fled away from the spot. Police arrested the applicant on 03/04/2020, since then he is in custody.

(3.) Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the offence. There is no direct evidence on record to connect the applicant with the crime. Police only on the basis of memorandum of applicant and co-accused implicated the applicant with the crime, while their confessional statements to police cannot be accepted as legal evidence against the applicant in the absence of any other incriminating piece of evidence. The applicant has been in custody since 03/04/2020 and the conclusion of the trial will take time, hence prayed for the release of the applicant on bail.