JUDGMENT

Subodh abhyankar, J. - This is the applicant's first bail application under Section 439 of Criminal Procedure Code, 1973. He is implicated in connection with Crime No.75/2019 registered at Police Station Sagaur, District Dhar (MP) for offence punishable under Section 34 (2) of the Madhya Pradesh Excise act, 1915.

The applicant is in jail since 20.01.2022.

The allegation against the applicant is that he was involved in the aforesaid case wherein 324 bulk liters of unauthorized liquor has been seized from Bolero Vehicle on 16.03.2019.

Counsel for the applicant has submitted that the applicant has been falsely implicated in the case, as he was not involved in the aforesaid offence as an accused, but as a victim; and according to the information received, he met with an accident with the Bolero Vehicle and was also taken to the hospital through 108 ambulance, which is also apparent from the case diary.

It is further submitted that the applicant was never absconding and was, in fact, initially admitted to the hospital and thereafter was residing in his village only and has been arrested only on 20.01.2022 with a view to fix the responsibility.

Thus, it is submitted that the applicant