VIJAY KUSHWAH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Perused the case diary. 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 4/7/2023 in connection with Crime No.68/2023 registered at Police Station Crime Branch, District Gwalior (M.P.) for commission of offence punishable under Ss. 34(2) of the M.P. Excise Act. Prosecution case, in brief, is that on 4/7/2023, applicant along-with co-accused-Hukum Singh was found carrying 56 bulk liters of illicit liquor on motor cycle bearing registration number MP07 ND 2292 for the purpose of sell without having any license or authority.

(2.) Learned counsel for the applicant submits that applicant has not committed any offence. Nothing has been seized from his possession. He has falsely been implicated in the matter by the police by showing false seizure. He is in custody since 4/7/2023. The trial will take time to conclude, therefore, in the aforesaid circumstances, applicant is entitled for grant of bail. Learned counsel for the respondent/State opposes the application and submits that applicant has a criminal history and one more criminal case has been registered against him.

(3.) Having considered the rival submissions, material pointed out by the learned counsel for the applicant, quantity of liquor said to be seized from the possession of the applicant and co-accused and the facts and circumstances of the case, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.