JUDGMENT

Pranay Verma, J. - They are heard. Perused the case diary /challan papers.

2. This is the first application under Section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime No.381/2022 registered at Police Station Machalpur, District Rajgarh for offence punishable under Section 34(2) of the M.P. Excise Act.

3. The applicant is in custody since 9.11.2022.

4. The allegation against the applicant is that from the possession of applicant 60 bulk litres of illicit liquor has been seized.

5. Counsel for the applicant submits that he has not committed any offence alleged by the prosecution. He is in jail since 9.11.2022. Investigation is complete 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.

6. Counsel for the respondent/State, on the other hand, has opposed the prayer and prays for rejection of the application. He submits that two more criminal antecedents are registered against the applicant under the IPC.

7. After considering the rival submissions made by the learned cou