PAWAN BALMIKI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this FIRST bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 6/9/2022 by Police Station- Gwalior, District- Gwalior, in connection with Crime No.483/2022, for the offence punishable under Sec. 34(2) of the MP Excise Act.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against the applicant and he is suffering confinement since 6/9/2022 and trial would take considerable time to conclude. Charge-sheet has already been filed. As per prosecution case, only 81 liters of country made liquor alleged to have been seized from the possession of the applicant. Counsel fairly submitted that applicant bears criminal record of ten cases which all are of same nature. Confinement amounts to pretrial detention. Applicant would not commit any offence of same nature and would not involve in any criminal activity in future. He learnt the lesson hard way and would mend his ways and would become a better citizen. He undertakes to cooperate in trial as well as investigation and would make himself available as and when required. He would not be a source of embarrassment or harassment to the complainant.

(3.) Learned Public Prosecutor for the State opposed the prayer and prayed for its dismissal.