RAJA RAISHIKH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard.

(2.) This is first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure.

(3.) The applicant is in custody since 08.09.2019 in connection with Crime No. 182/2019 registered at Police Station-Sultanpur, District- Raisen (M.P.) for the offence punishable under Section 34 (2) of M.P. Excise Act. As per prosecution case, 60 bulk liters of illicit country made liquor has been seized from the possession of the applicant and it is found that the applicant did not have any authority for keeping that liquor in his possession. Learned counsel for the applicant contend that the applicant is innocent person and has been falsely implicated in this case. He also submits that applicant is in jail since 08.09.2019. He has no criminal antecedent against the applicant. The alleged liquor has not been seized from the possession of the present applicant. There is no criminal antecedent under Section 34(2) of the M.P. Excise Act against the present applicant. He also submits that the offence is triable by Judicial Magistrate First Class and trial will take long time to conclude. There is no probability of his absconding or tampering the evidence of the prosecution. The applicant is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant. Per-contra, learned PL for respondent-State opposes the bail application.