BRAJENDRA SINGH CHAUHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Case diary is available. With the consent, heard finally.

(2.) This is first application filed under Sec. 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 20/6/2023 in connection with Crime No.397/2023 registered at Police Station Karera, District Shivpuri for the offence punishable under Sec. 34(2) of Excise Act. Prosecution story, in brief is that on 20/6/2023 the applicant along with two other co-accused persons was found having 70 bulk litres of illicit country made liquor for the purposes of sale without having its license.

(3.) Learned counsel for the applicant submits that nothing has been seized from the possession of the applicant. Admittedly, liquor was seized from an open place, i.e., side of the road. No offence is made out against the applicant. The applicant has been arrested only on the basis of suspicion. The applicant has no criminal past record. He is in custody since 20/6/2023. The charge sheet has been filed. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail. Learned counsel for the respondent/State has vehemently opposed the prayer.