RAJESH KUSHWAH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Case diary is available. 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 9/5/2023 in connection with Crime No.294/2023 registered at Police Station Kotwali, District Shivpuri (M.P.) for commission of offence punishable under Sec. 49-A of MP Excise Act. Prosecution case, in brief is that on 9/5/2023, the applicant was found having 5 litres of illicit spurious country made liquor for the purposes of sale.

(2.) Learned counsel for the applicant submits that nothing has been seized from the possession of the applicant. He has been falsely implicated in the matter. FSL report with regard to the nature of liquor said to be seized from the possession of the applicant is still awaited. No offence is made out against the applicant. The charge-sheet has been filed. The applicant is in custody since 9/5/2023. His custodial interrogation is no more required. Trial will take time to conclude and, therefore, in the aforesaid circumstances, applicant may be enlarged on bail. Learned counsel for the respondent/State opposed the prayer and prayed for rejection of this bail application. Heard the learned counsel for both the parties.

(3.) Having considered rival submissions, material pointed out by the learned counsel for the applicant and looking to the quantity of liquor said to be seized from the possession of the applicant and that the FSL report with regard to nature of liquor is still awaited, 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. Accordingly, the application is allowed.