MANOHAR KIRAR Vs. STATE OF MADHYA PRADESH

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.65/2023 registered at Police Station-Bankhedi, District-Narmadapuram (M.P.) for the offence under Sec. 34(2) 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, 60 bulk liters country made liquor has been seized from applicant. He is in jail since 11/3/2023. Offence is triable by JMFC. No offence under Sec. 34(2) of the MP Excise Act is made out against the applicant. It is submitted that applicant will cooperate in investigation and will not tamper with evidence or 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. It is submitted that three more criminal cases are registered against applicant. If he is released on bail he may influence the witnesses of the case.