PRADEEP MAKWANA Vs. STATE OF M P

JUDGEMENT

(1.) As per statement made by the accused/applicant, this is the first bail application under Section 439 of Cr.P.C. before High Court in connection with Crime No.461/2016 (Cri.Case No.223/2017) under Section 34(2), 36,46 of M.P. Excise Act,1915 registered at Police Station - Excise Circle Petlawad District Jhabua M.P.

(2.) It is submitted by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. There is no evidence against him. Conclude of trial is likely to take time. The applicant is permanent resident of District-Jhabua. There is no possibility of his absconding. He is ready to furnish adequate security, therefore, he may be released on bail.

(3.) It is contended by the learned Counsel for the applicant that he is Sanjay, and not Pradeep. The Police arrested him in the present case taking him as Pradeep. In support of his contention, learned Counsel has filed a photocopy of an application submitted before the SHO Police Station Petlawad District Jhabua, by his fathers Aadhar Card, Voter ID Card, Ration Card of family, information regard Samerg Portal and few mark sheets of Sanjay s/o Tihiya. Father of the applicant has submitted that he does not have any Son with the name of Pradeep. This contention is supported by his Ration Card. The learned Counsel for the applicant pleaded that all these documents have been submitted before the Police also but the Police has arrested him as Sanjay s/o Tihiya.