KANHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed under Sec. 439 of Cr.P.C. for grant of bail to the applicant/accused, relating to FIR/Crime No.162/2023 dated (not mentioned) registered at Police Station Saadalpur, District Dhar (M.P.) for commission of offence punishable under Sec. 34(2) of the M. P. Excise Act. The applicant is in custody since 27/2/2023.

(2.) Prosecution story in brief is that, on 21/4/2023, the Police conducted a raid on receiving intimation from informer and it was found that near tower certain carton containing 207 bulk litres of country made liquor and foreign liquor was kept and looking to the police party, the accused persons ran away from the spot.

(3.) Learned counsel for the applicant submits that the applicant/accused has not committed the offence and he has falsely been implicated in the case. Applicant has no criminal past and he is in custody since 27/2/2023. Co-accused Shravan has granted the anticipatory bail by this Court on 8/6/2023 passed in M.Cr.C. No.23908/2023. The offence is exclusively triable by the Judicial Magistrate First Class. The applicant is a student and his B.A. IInd Year examination is starting from tomorrow. Therefore, it is prayed that present applicant/accused be released on bail.