ORDER

This is second repeat bail application under Section 439 Cr.P.C. filed on behalf of the applicant. His first application was dismissed as withdrawn on 13th October, 2022. The applicant is in custody since 17/09/2022 in connection with Crime No.215/2022 registered at Police Station Kumbhraj, District-Guna for the offence punishable under Section 34(2) of M.P. Excise Act.

As per prosecution story, applicant was found to be in unauthorizied and illegal possession of 80 bulk liters of country made liquor. Accordingly, case has been registered against the applicant.

Investigation is complete. Challan has been filed.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the offence. Investigation is complete Challan has been filed, hence, he is no more required for custodial investigation. Applicant has already suffered jail incarceration since 17/09/2022. He is a poor man and due to his incarceration, the family is in penury. Under such circumstances, the applicant may be enlarged on bail on such terms and conditions this Court deems fit and proper .

Per contra, learned Panel Lawyer opposes the bail application supporting the order impu