KALU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application filed under Sec. 439 of the Code of Criminal Procedure 1973 for grant of regular bail relating to F.I.R. No. 314/2023 dated (not mentioned) registered at Police Station-Kukshi, District-Dhar for the offence under Sec. 34(1) and 34(2) of M.P. Excise Act. The applicant is in custody since 1/5/2023.

(2.) Allegation against the applicant in short is that 60 bulk liters of country made liquor was seized from the illegal joint possession of applicant and co-accused persons. On the basis of the aforesaid, crime has been registered.

(3.) Learned counsel for the applicant submits that the applicant has been falsely implicated. The offence is triable by JMFC. He is in custody since 1/5/2023. He has no criminal antecedents. Conclusion of trial is likely to take time. The applicant is a permanent resident of District Dhar and there is no likelihood of his absconsion or tampering with the prosecution evidence and he is ready to abide by the terms and conditions as may be imposed. Counsel for the applicant submits that in similar case of co-accused-Gopiya has been granted bail in M.Cr.C. No. 21932/2023. With the aforesaid submissions, prayer for grant of bail is made out.