(1.) This is the first application filed by the applicants under Sec. 439 of Cr.P.C. for grant of regular bail relating to Crime No.613/2023 registered at Police Station Aerodrome, Indore (M.P.) for the offence under Sec. 34(2) of the M.P. Excise Act.
(2.) As per the prosecution story, 2084 bulk litres foreign and country-made liquor has been recovered from the possession of present applicants and co-accused persons without having any valid licence, during the search by the police. Accordingly, a case has been registered.
(3.) Learned counsel for the applicants contended that both the applicants are innocent and they have been falsely implicated in this matter. They are in custody since 5/9/2023. There is no legal evidence available on record to connect the applicants with the aforementioned offence. Co-accused Gopal has been enlarged on bail vide order dtd. 22/11/2023 passed in MCRC No.51601/2023 by this Court. Applicants are permanent resident of District Indore. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.