LAWS(MPH)-2023-6-78

RAMKUMAR KUSHWAH Vs. STATE OF MADHYA PRADESH

Decided On June 19, 2023
Ramkumar Kushwah Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Case diary is available. With the consent, heard finally.

(2.) 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 1/6/2023 in connection with Crime No.231/2023 registered at Police Station Indergarh, District Datia for the offence punishable under Sec. 34(2) of Excise Act. Prosecution story, in brief is that on 21/5/2023 the applicant was found having 65 bulk litres of country made liquor for the purposes of sale. Learned counsel for the applicant submits that nothing has been seized from the possession of the applicant. Liquor which has been seized from the possession of the applicant was seized from the public place. No offence is made out against the applicant. The applicant is in custody since 1/6/2023. The charge sheet has been filed. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

(3.) Learned counsel for the respondent/State has vehemently opposed the prayer. Heard the learned counsel for both the parties.