LUCKY RAGHUWANSHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the applicant's second application under Sec. 439 of Criminal Procedure Code, 1973, as he is arrested in connection with Crime No.430/2021 registered at Police Station- Aerodrome, Indore (MP) for offence punishable under Ss. 304, 328, 120-B, 308 and 34 of the IPC 49)A), 34(1) & 36(A) of the M.P. Excise Act. The applicant is in custody since 12/12/2022.

(2.) Counsel for the applicant has submitted that the applicant's first bail application-M.Cr.C.No.60373/2023 was dismissed by this Court vide order dtd. 9/12/2022 with liberty to renew the prayer after completion of two months of incarceration and as such he has completed two months of incarceration and the charge sheet has already been filed and the applicant is lodged in jail since 12/12/2022 and the final conclusion of the trial is likely to take a long time. Thus, it is submitted that the applicant be released on bail.

(3.) Counsel for the respondent / State, on the other hand, has opposed the prayer.