LAWS(MPH)-2022-1-128

ABHISHEK PANDEY Vs. STATE OF MADHYA PRADESH

Decided On January 10, 2022
Abhishek Pandey Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This is first bail application filed under Sec. 439 of Cr.P.C. on behalf of applicant, who is in jail since 12/8/2021 in connection with Crime No.197/2021, registered at Police Station Gurh District Rewa for the offence punishable under Sec. 34 (2) of the Excise Act, 1915.

(2.) Learned counsel appearing for applicant submitted that offence is triable by Judicial Magistrate First Class. It is submitted that liquor seized from the possession of applicant is more than 50 bulk liters. Co-accused in the case has already been enlarged on bail. Investigation in the case is complete and charge-sheet has been filed. There is no criminal antecedent of the applicant. On these grounds, he made a prayer for grant of bail.

(3.) Learned Panel Lawyer appearing for the State opposed the application for grant of bail. It is submitted by him that total liquor which has been seized from applicant is 117 bulk liters country made liquor and 72 bulk liters foreign made liquor. It is submitted that total quantity of liquor is about 189 bulk liters. Considering the quantity of liquor, bail application may be rejected.