MONU RAJA CHOUHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This first bail application has been filed by applicant under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.261 of 2023 registered at Police Station Karera, District Shivpuri (M.P.), for an offence punishable under Sec. 34(2) of the Excise Act. The applicant is in judicial custody since 2/8/2023. According to the prosecution case, on 6/5/2023 Head Constable Abhayraj Singh o f Police Station- Karera, District Shivpuri, on secret information intercepted the applicant from village-Badora. Applicant was found to be in possession of two blue cans containing illicit liquor quantity more than 50 bulk liters. On suspicion, offence punishable under Sec. 34(2) of M.P. Excise Act was registered by Police Station-Karera and applicant was arrested.

(2.) Learned Counsel for the applicant submits that applicant is a young boy aged about 22 years and has been falsely implicated in this matter. He is a resident of Village-Karakheda, Police Station- Pichhore, Distt. Shivpuri. Applicant is an agriculturist by profession. He is sole bread earner in the family and there is no likelihood of his absconding leaving family and property. The investigation is almost complete, therefore, there is no likelihood of interference in the investigation. No further custodial interrogation is needed. Jail incarceration is causing financial hardship to the family of the applicant. The alleged offence is triable by Judicial Magistrate First Class. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail. Per contra, learned Counsel for the State opposes the bail application.

(3.) Heard learned learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.