ORDER

This is first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.799/2023 registered at Police Station-Hanumanganj, District-Bhopal (MP) for the offence under Section 34(2) of MP Excise Act.

2. Learned counsel appearing for the applicant submitted that no offence under Section 34(2) of MP Excise Act is made out against applicant as there is no previous conviction of the applicant under Section 34(1) of Excise Act. It is submitted that offence is triable by Judicial Magistrate First Class. Applicant is first offeder under Excise Act. On these grounds, he prayed that applicant may be enlarged on bail.

3. Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that applicant is also having criminal antecedents.

4. Heard the counsel for the parties. 5. Applicant has first time committed offence under the Excise Act. There is no previous conviction of applicant under Section 34(1) of Excise Act, therefore, offence under Section 34(2) of MP Excise Act will not be made out against applicant.

6. Considering the facts and circumstances of the case,