BHARAT LODHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) With the consent, heard finally. Perused the case diary.

(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 6/10/2023 in connection with Crime No.152/2023 registered at Police Station Bhonti, District Shivpuri (M.P.) for commission of offence punishable under Ss. 34(2) of the M.P. Excise Act. Prosecution case, in brief, is that on 16/6/2023 at about 9:45 pm the applicant along with other co-accused persons was found in possession of 72 bulk litres of illicit country made liquor in a while colored swift dzire car bearing registration No.MP09-CH-2737 for the purposes of sell without having any license or authority. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the matter. He further submits that as per prosecution case itself, the applicant was not found on the spot. He has been implicated only on the basis of memorandum of co-accused. Nothing has been seized from the possession of the applicant. Charge-sheet has been filed in the matter. The applicant is in custody since 6/10/2023. His custodial interrogation or trial is not required in the matter. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

(3.) Learned counsel for the respondent/State opposes the application and prays for its rejection. Having considered the rival submissions, material pointed out by learned counsel for the applicant and also considering the fact that the applicant was not found on spot, this Court is of the view that applicant deserves to be enlarged o n bail, hence, without commenting anything on the merits of the case, the application is allowed.