LAXMAN MEENA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed by the applicant under Sec. 439 of the Cr.P.C. for grant of bail relating to FIR No. 270 of 2023 registered at Police Station Manpur, District Sheopur (M.P.) for the offence under Sec. 34 (2) of Excise Act.

(2.) Allegation against the present applicant is that 52 bulk litres of illicit liquor has been seized from the possession of applicant for which he was not having any valid license.

(3.) Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. It is further argued that the applicant is in custody since 27/10/2023. Investigation has already been completed and charge-sheet has been filed, therefore, there is no requirement of further custodial interrogation of the applicant. Offence is triable by JMFC and trial is likely to take long time to conclude. Applicant is the permanent resident of District Sheopur (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. Hence, he prays for grant of bail to the applicant. 3. Per contra, learned counsel for the State vehemently opposed the bail application citing the criminal history of the applicant and prayed for its dismissal.