(1.) This is the first application under Sec. 439 of Criminal Procedure Code, 1973. The applicant is implicated in connection with Crime No.189/2022, registered at Police Station Baircha, District Shajapur (M.P.) for offence punishable under Sec. 34(2) of the M.P. Excise Act. The applicant is in custody since 3/11/2022.
(2.) As per the prosecution, 70 bulk liters of country made liquor has been seized from the joint possession of the applicant. Accordingly offence has been registered against the applicant.
(3.) Learned counsel for the applicant submits that he is innocent and he has not committed any offence alleged by the prosecution. Applicant is in custody since 3/11/2022. Investigation has been completed and challan has been filed. Final conclusion of trial is likely to take sufficient long time and material produced by the prosecution appears to be insufficient against him. Therefore, the applicant be released on bail.