ASHISH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(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.26/2021 registered at Police Station Dhamnod, District Dhar for offence under Sec. 34(2) of M.P. Excise Act, 1915. Applicant is in jail since 12/12/2022.

(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. He is only the owner of the vehicle from which the liquor was seized. Applicant has no criminal antecedent. Applicant is also suffering from sever liver diseases and his hand is also severely fractured. He is in custody since 12/12/2022 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.