Monu @ Munendra vs State Of M.P

G.S. Ahluwalia, J

This second repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. First bail application of the applicant was dismissed as

withdrawn by order dated 05/01/2022 passed in MCRC No.63663/2021.

The applicant has been arrested on 24/11/2021 in connection with Crime No.502/2020 registered at Police Station Jaura, District Morena for offence

under Sections 34(2) and 49(A) of M.P. Excise Act.

According to the prosecution case, one drum filled with 200 liters of OP liquor worth Rs.60,000/- (concentrated form of liquor), 50 boxes of country

made liquor worth Rs.1,45,000/-, 7 boxes of Masala Sharab worth Rs.25,000/-, one packing machine worth Rs.45,000/-, 3 gunny bags containing

empty quarters worth Rs.25,000/-, capes worth Rs.1,000/-, measuring apparatus worth Rs.3,000/- were seized.

It is submitted by the counsel for the applicant that the marriage of the daughter of Bua of the applicant is fixed.

Per contra, the application is vehemently opposed by the counsel for the State.

So far as the marriage of the daughter of Bua of the applicant is concerned, the presence of the applicant is not required.

Considering the total quantity of liquor seized from the possession of the applicant, coupled with the fact that he has not undergone the similar period

of detention, which was undergone by the co-accused, no case is made out for grant of bail.

Accordingly, the application fails and is hereby dismissed.