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2024 Supreme(Online)(MP) 5597

HIGH COURT OF MADHYA PRADESH
Rudrakant Urf Atul – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Ashok Kumar Kosta,Advocate General

ORDER

This is the third bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to Crime No.338/2023 registered at Police Station - Saikheda, District Betul (M.P.) for the offence punishable under Section 34(2) of M.P. Excise Act. Applicant is in detention since 10.11.2023. Earlier bail application of applicant was dismissed as withdrawn on 12.02.2024 passed in M.Cr.C. No.5933/2024.

2. As per the prosecution story, on receiving an information from an informant, 10,546.44 bulk liters of illicit liquor from possession of the applicant have been seized. FIR was registered.

3. Learned counsel for the applicant submitted that applicant is in jail since 10.11.2023. He has been falsely implicated. He was cleaner of the vehicle and liquor was not seized from him. It is further submitted that PW-1 Harish Gode and PW-2 Shekh Rafiq have been examined before the trial Court in which they have not supported the prosecution story. Offence is triable by JMFC. Investigation is complete. Charge sheet has been filed. He has no criminal record. The trial of the case will take considerable time. Therefore, it has been prayed th

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