LAWS(MPH)-2021-12-58

VISHAL BALU Vs. STATE OF MADHYA PRADESH

Decided On December 14, 2021
Vishal Balu Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This second application under Sec. 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed as withdrawn by order dtd. 23/10/2021 passed in M.Cr.C. No.51013/2021 with liberty to revive the prayer after undergoing some reasonable period of detention.

(2.) The applicant has been arrested on 27/09/2021 in connection with Crime No.692/2021 registered at Police Station Kotwali, District Ashok Nagar for offence under Sec. 34(2) of M.P. Excise Act.

(3.) It is submitted by Counsel for the applicant that in view of the criminal antecedents, the first bail application of applicant was withdrawn with liberty to revive the prayer after undergoing some reasonable period of detention. According to the prosecution case, 62 bulk liters of country made illicit liquor has been seized from the possession of the applicant. The applicant is in jail for last more than two months. In view of the criminal antecedents of applicant, according to which, three criminal cases were registered under the Public Gambling Act and three cases were registered under Ss. 452, 323, 294, 506, and 34 of IPC, he is ready and willing to abide by any stringent condition which may be imposed by the Court. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case.