ARMAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This first bail application has been filed by applicant under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No. 456/2023 registered at Police Station Kotwali, District Sheopur (M.P.), for an offence punishable under Sec. 34(2) of the Excise Act. The applicant is in judicial custody since 25/9/2023. He is in custody ever since.

(2.) According to the prosecution case, on secret information, on 25/9/2023, ASI Umcharan Gurjar along with police force reached Gupteswar Temple, Sheopur and intercepted the applicant. Applicant was found to be in possession of country made raw liquor, quantity 70 bulk liters, therefore, offence punishable under Sec. 34(2) of M.P. Excise Act was registered by Police Station Kotwali, District Sheopur (M.P.) and applicant was arrested on 25/9/2023. Relevant seizures have been made. Statement of witnesses have been recorded. Final report is submitted on 9/11/2023.

(3.) Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in this matter. He is permanent resident of District Sheopur (M.P.). Applicant is aged around 21 years and is Labourer by profession. He is sole bread earner in the family, therefore, there is no likelihood of his absconding leaving family or home. There is no likelihood of interference in the investigation. Jail incarceration is causing financial hardship to the family of the applicant. The alleged offence is triable by Judicial Magistrate First Class. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail.