MADHAV SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard with the aid of case diary.

(2.) This is the first application under Sec. 439 of Cr.P.C for grant of bail. Applicant Madhav Singh @ Madho Singh Azad was arrested on 18/02/2022 in connection with Crime No.99/2022 registered at Police Station Budhni, Sehore (M.P.) for the offence punishable under Sec. 34(2) of M.P. Excise Act.

(3.) Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. There is no evidence on record to show that the beetal shop, from where police allegedly seized liquor, was belonged to the applicant. Police only on the basis of a memorandum of co-accused, implicated the applicant in the crime, while the confessional statement to police cannot be accepted as legal evidence against the applicant in the absence of any other incriminating piece of evidence. Nothing has been recovered from the possession of the applicant. The applicant has been in custody since 18/3/2022 and conclusion of trial will take time, hence it is prayed that the applicant be released on bail.