HEMANT Vs. STATE OF M.P.

JUDGEMENT

(1.) Applicant has filed this first bail application under Sec. 439 of the Code of Criminal Procedure, 1973. He is in Jail since 2/10/2022 in connection with Crime No.443/2022 registered at P.S â€" Palasia, Indore (M.P.) for commission of offence punishable under Sec. 49(A), 34 of M.P. Excise Act. As per the prosecution story, the applicant was found to be in possession of 5 litres country-made poisonous liquor unauthorizedly and illegally during the search by police. According to the seizing officer, the seized liquor was poisonous or not fit for human consumption. The opinion of the prosecution that the liquor seized from the applicant was poisonous or was not fit for human consumption is based only on the experience of the seizing officer but no FSL report is available in the case diary. Accordingly FIR has been registered.

(2.) Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this matter. No further custodial interrogation is required. There is no legal evidence available on record to connect the applicant with the aforementioned offence. Applicant is in jail since 2/10/2022. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.

(3.) Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection by submitting that 5 criminal antecedents have been found against the applicant. However, he has fairly admitted that no FSL report is available in the case diary.