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2022 DIGILAW 600 (MP)

Lakhan v. State of Madhya Pradesh

2022-04-12

ANIL VERMA

body2022
JUDGMENT anil Verma, J. - This is first bail application filed by the applicant - Lakhan S/o Shankarlal under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.445/2021 registered at Police-Station - Kishanganj, District - Indore (MP) for the offence punishable under Section 34(2), 49-a of MP Excise act, 1915 and Section 420, 467, 468, 471 and 120-B of Indian Penal Code, 1860. as per the prosecution story, on 03.07.2021, police received a secret information from the informer regarding manufacturing of illicit liquor and acting upon the said information police reached at the house of Lakhan aanjna Patel. after seeing the police, co-accused Hemant tried to fled away from the spot, but he was caught by the police persons. The police searched the Scorpio Car bearing registration No.MP13Ba-2733 and recovered two cans of 30-30 litres of liquor, during examination it was found that it is a country made illegal and poisonous liquor. During the search of the house of Lakhan aanjna, seven persons namely; Lakhan, Sandeep Malviya, Vikram Verma, Deepak Chouhan, Lalji, Govind @ Banshi and aman @ appu have also been caught by the police. They were not having any valid licence for transportation of the said liquor. During investigation, it was also found that present applicant and other co-accused persons were manufacturing spurious English liquor by using fake stickers and holograms of the English Liquor Companies and they were manufacturing the said liquor by using spirit and other chemicals. It has also been revealed that accused persons have fraudulently entered into a criminal conspiracy by using branded bottles, stickers and holograms of English liquor and manufacturing liquor which is found to be injurious for human consumption and health. accordingly offence has been registered against the present applicant and other co-accused persons. Counsel for the applicant submits that applicant is innocent and has been falsely implicated in the aforesaid crime. He further submits that chargesheet has since been filed in the matter and investigation is almost complete. He also submits that there is no documentary or oral evidence against the present applicant in respect of the aforesaid offence. Charges under section 457 and 468 of IPC have not been framed against him and the applicant is only 24 years of age and is a labour by profession and is the sole bread earner of his family. He also submits that there is no documentary or oral evidence against the present applicant in respect of the aforesaid offence. Charges under section 457 and 468 of IPC have not been framed against him and the applicant is only 24 years of age and is a labour by profession and is the sole bread earner of his family. The applicant is behind the bars since 04.07.2021 and the final conclusion of trial would take considerably long time. Hence, prayer is made to enlarge the applicant on bail. Counsel for the non-applicant/State on the other hand has opposed the application and submits that the present applicant is having the criminal background and three offences have been registered against him including other offences of MP Excise act. Hence the applicant is not entitled for release on bail. Perused the case diary as well as the impugned order passed by the Court below. Considering all the facts and circumstances of the case as well as nature and gravity of allegation leveled against the applicant and also taking note of the fact that applicant is having the criminal background and also the fact that bail applications of co-accused persons namely; Deepak Chouhan, Sandeep Malviya and Laljinath have been dismissed by this Court in similar circumstances by order dated 22.10.2021 passed in MCRC Nos.48834/2021, 45897/2021 and 47543/2021 and order dated 31.01.2022 passed in MCRC No.62931/2021, without commenting anything on the merits of the case, at this stage, this Court is of the considered opinion that the applicant is not entitled for release on bail. accordingly, the bail application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973, stands dismissed. Certified copy as per Rules.