LAWS(MPH)-2023-7-105

NABBU Vs. STATE OF MADHYA PRADESH

Decided On July 28, 2023
NABBU Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This is the first application filed by the applicant under Sec. 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.156/2023 registered at Police Station-Garhakota, District-Sagar (M.P.) for the offence under Ss. 34(2), 42 of the MP Excise Act.

(2.) Learned counsel appearing for the applicant submitted that applicant is innocent and falsely been implicated in the case. As per prosecution story, 153 bulk liters country made liquor has been seized from applicant. He is in jail since 7/7/2023. Offence is triable by JMFC. It is submitted that applicant will cooperate with investigation and will not tamper with evidence and will not influence witnesses of the case. In these circumstances, applicant may be enlarged on bail.

(3.) Learned Government Advocate appearing for the State opposed the application for grant of bail.