Aarush @ Kanhaiyalal vs State Of M.P

Vivek Rusia, J

This is the first bail application under Section 438, Cr.P.C. seeking anticipatory bail, due to apprehension of arrest in connection with Crime

No.362/2020, Police-Station- Manpur, District- Indore for the commission of offences under Section 34 (2) & 46 of M.P. Excise Act.

As per prosecution story, 28.12.2020 one Innova car bearing registration no.CH-01-AB-4152 has been been stopped and searched in which 360 bulk

litres of liquor was seized without licence and permit. The applicant was found driving the said Innova car therefore, he has been made accused in this

case and on the basis of his memorandum present applicant has been implicated in the present crime.

Learned counsel for the applicant submits that the co-accused Kurban has disclosed the name of Raja, who said to have provided the liquor to him for

the purpose of transportation. He has not taken the name of the present applicant. Neither the applicant is owner of the vehicle nor the liquor. The

applicant has wrongly implicated in the present case. He has filed the document (Annexure P/2) taken from the website of MPRTO to establish that

the vehicle is registered in the name of Parsuram Sathe. There is evidence available to connect the applicant in the present crime.

Learned Panel Lawyer for the respondent/State opposes the bail application and prays for its rejection.

I have heard learned counsel for the parties and perused the case diary (Challan).

After considering the arguments advanced by the learned counsel for the parties, but without commenting on the merits of the case, it is directed that

in the event of arrest of the applicant in connection with the aforesaid crime number, she shall be released on bail upon her furnishing personal bond in

the sum of Rs.40,000/-(Rupees Forty Thousand) with one surety in the like amount to the satisfaction of the arresting officer. This order shall be

governed by the following conditions:

(b) the applicant shall co-operate with the investigation and make himself available for interrogation by a police officer as and when required;

(c) he shall not directly or indirectly make any inducement,threat or promise to any person acquainted with the facts of the case so as to dissuade him

from disclosing such facts to the Court or to any police officer;

(d) If the applicant is found involved in any criminal case of the same nature during this bail period, this order granting the benefit of anticipatory bail

shall be liable to be cancelled;