(1.) This is first application filed by the applicant under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.886/2021 registered at Police Station -Dhamnod, District - Dhar for the offence registered under Sections 34(2 of the M.P.Excise Act. The applicant is in custody since 11/12/2021
(2.) As per prosecution story, on 01/12/2021, on the basis of the secret information, the police recovered 60 bulk liters liquor from the possession of co-accused Manish. On the basis of memorandum recorded under section 27 of the Evidence Act, present applicant has been made accused and arrested in the present offence.
(3.) Learned counsel for the applicant submits that applicant is innocent and he has falsely been implicated in the present crime. On the basis of memorandum recorded under section 27 of the Evidence Act, present applicant has been made accused in the present case. Nothing has been seized from his possession. He is in custody since 11/12/2021 and conclusion of trial will take sufficient long time. In these circumstances the applicant be released on bail.