ACCHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard with the aid of case diary. 1. This is first application filed under Sec. 439 of Cr.P.C. for grant of bail to the applicant/accused, relating to FIR/Crime No.44/2024 dated (not mentioned) registered at Police Station: Y.D.Nagar, Mandsaur District Mandsaur (M.P.) for commission of offence punishable under Ss. 49-A of the M. P. Excise Act.

(2.) Prosecution story, in brief, is that on 14/2/2024, co-accused Niyaju and Sohail were found in possession of 10 litres of spurious liquor, without having any license or authority, which was unfit for human consumption. The police had seized the aforesaid liquor from the possession of the co-accused persons and an FIR was lodged against them. During investigation it was found that present applicant was also involved in the case.

(3.) Learned counsel for the applicant submits that the applicant/accused has not committed the offence and he has falsely been implicated in the case only on the basis of memorandum statement of co-accused persons. Applicant is in custody since 21/3/2024. The offence is exclusively triable by the Judicial Magistrate First Class. After completion of investigation, charge-sheet has been filed. No FSL report is filed with the charge-sheet. Trial will take sufficient long time for its disposal, therefore, it is prayed that present applicant/accused be released on bail.