RAMBHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application under Sec. 439 of Cr.P.C for grant of bail. Applicant Rambhan @ Guddu was arrested on 3/5/2021 in connection with Crime No.242/2018 registered at Police Station Nagod, District Satna for the offence punishable under Sec. 34(2) of M.P. Excise Act.

(2.) As per the prosecution case, on 14/5/2018 on the information of informant Police apprehended co-accused Sajan Singh @ Sajju Singh, Rajendra Singh and Subham Vishwakarma and seized 72 bulk liter of country made liquor from their possession. On interrogation, they informed the Police that the said liquor was given to them by applicant Guddu Kushwaha, Manager of co-accused Anoop Jaiswal @ Jassa. On that police also implicated the applicant and co-accused in the crime.

(3.) Learned counsel for the applicant submits that the 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. Nothing has been recovered from the possession of the applicant. Police only on the basis of a memorandum of co-accused implicated the applicant with the crime, while the confessional statement of co-accused 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 3/5/2021 and conclusion of trial will take time, hence it is prayed that the applicant be released on bail.