AASHID KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application under Sec. 439 of Criminal Procedure Code, 1973, filed by the applicant for grant of bail.

(2.) The applicant is facing trial relating to FIR/Crime No.228/2023 registered at Police Station Rehli District Sagar for the offence punishable under Sec. 34(2) of the IPC. As per prosecution, 90 bulk litres of liquor has been seized from the joint possession of applicant and co-accused persons.

(3.) Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that offence is triable by JMFC. It is further submitted that co-accused persons Ashu @ Alok, Kamlesh and Jitendra have been enlarged on bail vide order dtd. 20/4/2023 in M.Cr.C. 15567/2023. The applicant is in custody since 31/3/2023. He has no criminal antecedents. The conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail. Learned Panel Lawyer has opposed the application and prayed for its rejection, but fairly conceded that applicant has no criminal antecedents under the same nature. Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.