LALLU 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 as he has been arrested on 19/7/2023 in connection with Crime No.84/2023 registered at Police Station Excise, District Ashoknagar for the offence punishable under Sec. 34(2) of M.P. Excise Act. Prosecution story, in brief, is that on 19/7/2023 the applicant was found having 65 bulk litres of illicit country made liquor for the purposes of sale without having any license.

(2.) Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the matter. Nothing has been seized from his possession. The applicant has no criminal antecedents. He is in custody since 19/7/2023. His custodial interrogation is not required. Trial will take time to conclude. In the aforesaid circumstances, applicant is entitled for grant of bail. Learned counsel for the respondent/State has vehemently opposed the prayer, but fairly conceded that the applicant has no criminal antecedents.

(3.) Heard the learned counsel for both the parties. Having considered the rival submissions, material pointed out by the learned counsel for the applicant, nature of allegations alleged against him and also considering the over all facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence the application is allowed.