(1.) This is the first bail application filed under Sec. 439 of Cr.P.C. filed by the applicant under Sec. 439 of Cr.P.C. for grant of bail relating to FIR No. 383/2023 registered at Police Station- Depalpur District Indore for the offence under Sec. 34 (2) of the M.P. Excise Act.
(2.) As per the prosecution story, the applicant was found to be in possession of 99 litre liquor unauthorisedly and illegally during the search by police. Accordingly, a case has been registered.
(3.) Learned counsel for the applicant submits that applicant is an innocent person and he has been falsely implicated in this matter. He further submits that there is no legal evidence available on record to connect the applicant with the aforementioned offence and no further custodial interrogation is required. Offence is triable by Judicial Magistrate First Class. Applicant is in jail since 8/11/2023. He is permanent resident of District Indore and final conclusion of trial will take considerable long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.