JAGDISH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicants have filed these first bail applications under Sec. 439 of the Code of Criminal Procedure, 1973 in connection with Crime No.64/2023 registered at P.S. - Dahi, District Dhar (M.P.) for commission of offence punishable under Sec. 34(1), 34(2), 36 of the M. P. Excise Act.

(2.) As per the prosecution story, on 11/4/2023 police received secret information from the informant. Acting upon the said information, police party reached on the spot and recovered 120 bulk litres illicit country-made liquor from the possession of the applicant Gulab Singh Bhilala. Applicants Kalsingh and Jagdish have been implicated on the basis of memorandum statement given by Gulab Singh under Sec. 27 of the Evidence Act. Accordingly a case has been registered against the present applicants.

(3.) Learned counsel for all the applicants contended that applicants are innocent and they have been falsely implicated in this matter. He further submits that there is no legal evidence available on record to connect the applicants with the aforementioned offence. Applicant Kalsingh is in custody since 12/4/2023, applicant Gulab Singh is in custody since 11/4/2023 and applicant Jagdish is in custody since 29/4/2023. Applicants Kalsingh and Gulab Singh are the permanent resident of District Dhar and applicant Jagdish is permanent resident of District Alirajpur. Final conclusion of trial will take considerable long time.