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2022 Supreme(MP) 1342

VISHAL DHAGAT
Rajendra Singh @ Babu Singh – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
K.K. Kushwaha, Advocate, D.K. Shrivastava, Advocate
Final Result : Allowed

JUDGMENT

Vishal Dhagat, J. - This is first application under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant.

2. Applicant has been arrested on 11.10.2022 in connection with Crime No.179/2022 for offence under Section 34(2) of the MP Excise Act registered at Police Station-Jujhar Nagar, District-Chhatarpur (M.P.).

3. Learned counsel appearing for the applicant submitted that applicant is innocent and has falsely been implicated in the case. Offence is triable by Judicial Magistrate First Class. Applicant is in jail since 11.10.2022. Charge- sheet in the case has already been filed and investigation in the case is complete. Applicant is not having any criminal record. It is further submitted by him that applicant will cooperate in trial and will not influence the witnesses or tamper with the evidence of the case. On these grounds, he prayed that applicant may be enlarged on bail.

4. Learned Government Advocate appearing for the State opposed the application for grant of bail.

5. On being asked, it is informed that applicant is not having any criminal antecedents.

6. Heard the counsel for the parties.

7. Considering the facts and circumstances of the case, a

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