KAILASH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the 1st application filed by the applicant under Sec. 439 of Cr.P.C. for grant of regular bail relating to Crime No.129/2024 registered at Police Station Balakwada, District Khargone for the offence under Sec. 34(2) of the M.P. Excise Act.

(2.) As per the prosecution story, on 25/3/2024 P.S. Balakwada received secret information from the informant regarding illegal transportation of liquor. Acting upon the said information police party reached on the spot and intercepted the motorcycle bearing registration No. MP69-ZB-3991 which was being driven by the co-accused Dinesh. During the search police recovered 140 bulk litres illicit country-made liquor (Taadi) from the possession of Dinesh. Present applicant has been made accused on the basis of memorandum statement given by the co-accused Dinesh. Accordingly a case has been registered.

(3.) Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this matter. He is in custody since 27/5/2024. There is no legal evidence available on record to connect the applicant with the aforementioned offence. Present applicant has been made accused on the basis of memorandum statement given by the co-accused Dinesh. Co-accused Dinesh has been enlarged on regular bail by this Court vide order dtd. 22/4/2024 passed in MCRC No.16028/2024 in the similar circumstances. Applicant is a permanent resident of District Alirajpur. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.