NARENDRA LODHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This first application has been filed by applicant under Sec. 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.142of 2024 registered at Police Station Pichhore, District Shivpuri (M.P.) for offence punishable under Sec. 34(2) of Excise Act. Applicant is in judicial custody since 19/03/2024.

(2.) As per the case of prosecution, applicant was found in possession of 15 cartons of country-made plain liquor and 15 cartons of country made beer total quantity 315 bulk liters on 19/03/2024. Illicit liquor was seized from the possession of applicant. Applicant was arrested on spot. On such allegations, PS Pichhore, District Shivpuri registered FIR at Crime No.142 of 2024 for offence punishable under Sec. 34(2) of Excise Act against applicant. Applicant is in custody since 19/03/2024. Final Report has been submitted on 26/04/2024. Trial is underway.

(3.) Learned Counsel for the applicant in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in the matter. No offence as alleged is made out against applicant. Applicant is aged around 21 years and is agriculturist by profession. There is no likelihood of his absconsion leaving his family, home and profession. No criminal antecedent is reported against applicant. No further custodial interrogation of applicant is needed. There is no likelihood of tampering with evidence by applicant. There is no likelihood of repeat of offence by applicant. The alleged offence is triable by Judicial Magistrate First Class. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail. Per contra, learned Counsel for the State opposes the bail application and prays for its rejection. Heard learned counsel for the parties and perused the case diary.