JUDGMENT

Vijay Kumar Shukla, J. - This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.1014/2021 registered at Police Station Vijay Nagar, Indore (M.P.) under Section 49-a and 34 of the M.P. Excise act.

As per prosecution case, the applicant was found in possession of 10 liters spurious liquor which was unfit for human consumption.

Counsel for the applicant submits that applicant is in jail since 16.10.2021. He has no criminal antecedents. Investigation is complete, chargesheet has been filed and applicant is not required for further custodial interrogation. It is further submitted that no FSL report is available regarding liquor being spurious. In these circumstances, the applicant be released on bail.

Learned counsel for State opposes the bail application, however he fairly submits that there is no criminal record of the applicant.

Taking into consideration the aforesaid submission and the fact that investigation has already been completed and chargesheet has been filed and applicant has no criminal antecedents, I am of the view that applicant is entitled for bail. Therefore, without expressing any view on the merits o