MOHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application under Sec. 439 of Criminal Procedure Code, 1973. Applicant is implicated in connection with Crime No.196/2022 registered at Police Station Chintaman Ganesh, District Ujjain for offence punishable under Ss. 49(A) of M.P. Excise Act, 1915. The applicant is in custody since 3/10/2022.

(2.) As per prosecution story, five liters of illicit country made liquor has been recovered from the possession of the applicant without having any valid license. Hence, the offence has been registered against him.

(3.) Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the case. It is further submitted that no document is produced by the prosecution to establish that this was a poisonous liquor except assumption of seizing officer. Though the seized liquor is sent to FSL for chemical analysis but report is awaited. There is no evidence against him. The conclusion of trial is likely to take time. The applicant is permanent resident of Indore and there is no possibility of his absconding. Applicant is ready to furnish adequate security. He is in custody since 3/10/2022. Investigation has been completed and charge sheet has been filed. On such grounds prayer for grant of bail to the applicant has been made.