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Judgment
S.R. Waghmare, J.—By this application filed u/s 439 of the Cr.P.C. applicant Nirbhya Singh s/o Hindusingh has moved the application for grant of bail being implicated in Crime No. 421/2013 registered by police station Betma, District-Indore for offence under Sections 34(2) of the M.P. Excise Act.
Counsel for the applicant has vehemently urged the fact that it is a case of false implication. Counsel submitted that the applicant has been falsely implicated due to the other co-accused, whereas co-accused Dilip has already been released on bail by this Court in M.Cr.C. No. 9710/2013 and two independent witnesses have turned hostile in Court. Hence Counsel prayed for grant of bail since the applicant has been arrested on 07.11.2013.
Counsel for the respondent/State, on the other hand, has opposed the submissions of the Counsel for the applicant and has submitted that there are seven other cases for the same offences listed against the applicant. Counsel prayed for dismissal of the application since the applicant is a habitual offender.
On considering the above submissions, the impugned order and material available in the case diary and looking to the nature of allegations, I find that no sympathy can be extended to the habitual offender and the cases are also of the same nature listed against him. In view of the above, the application is dismissed as being without merit.