P. Sam Koshy, J.

1. The applicant had preferred this application under Section 439 Cr.P.C. for grant of bail as he is arrested in connection with Crime No. 90/2014 registered at Police Station -Dongargarh Distt. Rajnandgaon (CG) for the offence punishable under Section 34(2) of Excise Act. As per the case of prosecution, on 13.3.14, the present applicant was in the company of one Kamal Verma and Madhukar Rao, who were traveling in a Tata Indica bearing registration No. CG 07 AM 8425 which is intercepted by 3 accused persons. The present applicant and Kamal Verma had fled away from the spot and it was Madhukar Rao who was arrested along with vehicle containing 146.88 liters of foreign made liquor. It is the further case of the prosecution that at the behest of Madhukar Rao and Kamal Verma, the present applicant has been arrested on 13.3.14 and has been prosecuted for the offence punishable under Section 34(2) of Excise Act.

2. Counsel for the applicant submits that except for the statement of Madhukar Rao, there is no iota of evidence so as to implicate the present applicant of transporting the said liquor in the vehicle which is seized by the police authorities. He further submi