SANDEEP 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, 1973 for grant of regular bail relating to Crime No.225/2021 registered at Police Station Nagda, District Ujjain (M.P.) for the offence under Ss. 34(2) of the M.P. Excise Act. The applicant is in custody since 10/05/2023.

(2.) As per the prosecution story, the applicant was found to be in possession of 63 bulk litres country made liquor unauthorisedly and illegally during the search by police. Accordingly, a case has been registered.

(3.) Learned counsel for the applicant submits that applicant is an innocent person and he has been falsely implicated in this matter. He further submits that there is no legal evidence available on record to connect the applicant with the aforementioned offence and no further custodial interrogation is required. Applicant is not having any criminal background. Offence is triable by Judicial Magistrate First Class. Co-accused Vikas Panchal has been enlarged on bail by this Court vide order dtd. 01/04/2022 passed in M.Cr.C.No.10451/2022 in the similar circumstances. Applicant is in jail since 10/05/2023. He is permanent resident of District Ujjain and final conclusion of trial will take considerable long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.