UMESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application filed by applicant under Sec. 439 of Cr.P.C. for grant of regular bail relating to Crime No.349/2023, registered at Police Station-Tejaji Nagar, District Indore (M.P.) for the offence under Sec. 34(2) of M.P. Excise Act, 1915.

(2.) As per the prosecution story, during the search 150.04 bulk litres foreign liquor was recovered from the possession of co-accused and present applicant being the owner of vehicle has been implicated in this offence.

(3.) Learned counsel appearing for the applicant submitted that the applicant is innocent and he has falsely been implicated in the alleged offence. The alleged liquor has been recovered from unknown person and nothing has been recovered from the possession of the present applicant. Investigation is over and charge-sheet has been filed. It is also submitted that the applicant is not having any criminal antecedents under M.P. Excise Act. Offence registered against the applicant is triable by Judicial Magistrate First Class. Applicant is in custody since 30/05/2024 and he is ready to co-operate with the investigation. In these circumstances, applicant be released on bail.