RAMJEEWAN 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.347 of 2023 registered at Police Station Kumbhraj Distt. Guna (M.P.) for an offence punishable under Sec. 34(2) of M.P. Excise Act. The applicant is in judicial custody since 9/10/2023.

(2.) As per the case of prosecution, on 9/10/2023, on secret information, Asstt. Sub Inspector Vipin Kumar Tirki of PS Kumbhraj along with police force reached under Bhamavad Road Bridge, Kumbhraj Distt. Guna and intercepted the applicant and from his possession, two canes containing 60 bulk liters of illicit country-made liquor was recovered. On such allegations, Police Station Kumbhraj registered FIR at Crime No.347 of 2023 for an offence punishable under Sec. 34(2) of the Excise Act against the applicant and the applicant was arrested. Relevant seizure has been made. Statements of witnesses have been recorded.

(3.) Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant has falsely been implicated in the matter. The applicant is aged 25 years and labour by profession. He is permanent resident of village Mohanpur District Guna. He is sole bread earner in the family and there is no likelihood of his absconding leaving behind his family and property. Relevant seizure has been made from the possession of applicant. There is no likelihood of interfering with t h e investigation or tampering with the evidence. No criminal antecedent similar in nature is alleged against the applicant. The alleged offence is triable by Judicial Magistrate First Class. The trial would take time to complete. Therefore, the applicant may be extended the benefit of bail. Per contra, learned counsel for the respondent/State opposes the bail application on the gravity of alleged offence. Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.