(1.) This second bail application under Sec. 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail in connection with Crime No.593/2022 registered at Police Station Nepanagar, District Burhanpur for the offence punishable under Sec. 34(2) of the M.P. Excise Act. The applicant is in custody since 06/08/2022.
(2.) The first bail application of the applicant was dismissed as withdrawn vide order dtd. 13/9/2022 passed in M.Cr.C. No.42058/2022 with liberty to move a fresh one after 30 days. Though this application is filed before said period.
(3.) Learned counsel for the applicant submits that the applicant is in jail since 06/08/2022. He submits that earlier five cases under Excise Act is registered against the applicant. He submits that the offence is triable b y Judicial Magistrate First Class and the trial will take time to be concluded. Therefore, he prays that the applicant may be released on bail.