AJAY RAJAK Vs. STATE OF M.P.

JUDGEMENT

(1.) This third application under Sec. 439 of Cr.P.C. has been filed for grant of bail. The second application was dismissed as withdrawn by order dtd. 3/3/2022 passed in M.Cr.C.No.10491/2022.

(2.) The applicant has been arrested on 19/12/2021 in connection with Crime No.182/2021 registered at Police Station Panihar, District Gwalior for offence under Ss. 34(2), 49(A) of M.P. Excise Act.

(3.) It is submitted by Shri Ravi Dwivedi that according to the prosecution case, 1746 bulk litres of country made liquor has been seized from the possession of the applicant and the co-accused. It is also alleged that a huge quantity of raw material for manufacturing illegal liquor, machinery is also seized. However, it is submitted that the applicant is in jail for the last more than three months. The FSL report has not been received, therefore, it is not known as to whether the liquor seized from the possession of the applicant is unfit for human consumption or not. The applicant has no criminal history. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.