NANURAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant has filed this first bail application under Sec. 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail relating to Crime No.357/2023 registered at P.S., Dhamnod, District Dhar (M.P.) for commission of offence punishable under Sec. 34(2) of M.P. Excise Act. He is in jail since 8/5/2023. As per prosecution story, on 24/4/2023 information has been received from the informer regarding preparation of country made liquor. On search 58 bulk litres of country made liquor has been recovered from the spot, but the applicant fled away. Accordingly, a case has been registered.

(2.) Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. The applicant is in jail since 8/5/2023. Investigation is almost over and he is a permanent resident of District Dhar. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail. Per-contra, learned counsel for respondent/State opposes the bail application and prays for its rejection. However, he fairly admits that no criminal antecedent has been found against the present applicant.

(3.) Perused the impugned order of the court below. Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that the applicant is in jail since 8/5/2023, offence is exclusively triable by JMFC and final conclusion of trial will take considerable long time, I deem it proper to release the applicant on bail.