ANIL GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No. 03/2019 registered at P.S. Sohagi, District - Rewa (M.P.) for the offence punishable under section 34(2) of M.P. Excise Act.

(2.) As per the prosecution story, it is alleged that 54 bulk liters of illicit liquor has been seized from the possession of four persons, but the seizure has been affected from other three persons. The present applicant has not been arrested on the spot and later on he surrendered.

(3.) Learned counsel for the applicant submits that the applicant is innocent and he is in custody since 03.09.2019. It is further submitted that applicant has been made accused on the basis of memorandum of co-accused. No seizure has been made from the applicant. Charge-sheet has been filed and trial will take time to conclude. There is no likelihood of applicant absconding and tampering with the prosecution evidence and his further custody is not required in this case. On the aforesaid grounds, prayer is made to release the applicant on bail.