NITESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant has filed this first bail application under Sec. 439 of the Code of Criminal Procedure, 1973. He is in Jail since 18/10/2022 in connection with Crime No.204/2022 registered at P.S. - Salsalai, District Shajapur (M.P.) for commission of offence punishable under Sec. 34(2) of the M. P. Excise Act.

(2.) As per prosecution story, the police party under the Nasha Mukti Abhiyan has inspected the grocery shop of the applicant and received 56 bulk litres country made liquor from the possession of the present applicant and co-accused Anand. During the seizure proceeding Anand ran away from the spot. Accordingly, a case has been registered against the applicant and co-accused person.

(3.) Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. He further submits that there is no legal evidence available on record to connect the applicant with the aforementioned offence and no further custodial interrogation is required. Applicant is in jail since 18/10/2022. He is a permanent resident of District Shajapur. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.