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ANIL VERMA
Hemant – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Anil Verma, J. - Applicant has filed this first bail application under Section 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 Palasia, Indore (M.P.) for commission of offence punishable under Section 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 tr
The absence of legal evidence and FSL report, coupled with the prolonged trial process, can be grounds for granting bail in cases involving possession of alleged poisonous substances.
Granting bail based on lack of evidence and completion of investigation.
Granting bail based on the lack of legal evidence connecting the applicant to the offence, the lengthy trial process, and the nature of the offence.
The court's decision to grant bail was based on the lack of conclusive evidence regarding the nature of the seized liquid and the completion of the police investigation.
The court may grant bail under Section 439 of Cr.P.C. based on the absence of heinous offences in the applicant's criminal history and the likelihood of a lengthy trial, while imposing specific condi....
The decision emphasized the importance of evidence and the absence of a criminal record in granting bail under the M.P. Excise Act.
Grant of bail based on the amount of seized liquor and period of custody, without commenting on the merits of the case.
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