(1.) This is the first application filed by the applicant under Sec. 439 of Criminal Procedure Code, 1973, for grant of bail during trial. The applicant is facing trial in connection with Crime No.361/2022 registered at Police Station Mahakal, District Ujjain for offence under Sec. 49(A) of M.P. Excise Act, 1915. Applicant is in jail since 14/6/2022.
(2.) Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. Investigation is over and charge-sheet has been filed. The applicant is in custody since 14/6/2022 and conclusion of trial will take sufficient long time. Under these circumstances, prayer was made for grant of bail to the applicant.
(3.) Learned Government Advocate opposed the application and prayed for its rejection. However, he fairly admits that there is no criminal antecedent found against the present applicant of similar nature.