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.570/2022 registered at Police Station Sitamau, District Mandsaur (MP) for offence punishable under Section 34(2) of the M.P. Excise Act.

3. The applicant is in custody since 02.10.2022.

4. The allegation against the applicant is that from the possession of applicant 60 bulk litre unauthorized country made 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 02.10.2022. 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 by submitting that applicant is having five criminal antecedents under the provisions of the IPC and prays for rejection of the application.

7. After considering the rival submissions made