Ajay vs State Of M.P

Vivek Rusia, J

This is first bail application under Section 438, Cr.P.C. for grant of anticipatory bail in connection with Crime No.260/2021, Police-Station- Manpur,

District-Indore for the commission of offence under Sections 34(2), 46 of M.P. Excise Act.

As per prosecution story, on 02.07.2021, on the basis of secrete information, police apprehended the vehicle bearing registration No. MP-09-CL-3680

and recovered 113.25 bulk liters illegal liquor. Two persons were found sitting in the vehicle. They disclosed their name as Dhanraj and Kunal and on

their memorandum recorded under Section 27 of Indian Evidence Act, the applicant has been implicated in this present crime.

Learned counsel for the applicant submits that applicant is innocent and he has falsely been implicated in the present crime. No recovery has been

made from the possession of the applicant. On the basis of memorandum of co-accused persons recorded under Section 27 of Indian Evidence Act,

the applicant has been implicated in the present case. The applicant is not having any criminal record. The investigation is over, charge-sheet has been

filed.

Learned counsel for the respondent opposes the bail application and prays for its rejection.

Considering the arguments advanced by the learned counsel for the parties but without commenting on the merit of the case, the application is

allowed. It is directed that in the event of arrest of the applicant in connection with the aforesaid crime number, he shall be released on bail upon his

furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the arresting

officer. This order shall be governed by the following conditions:

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

(b) 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;

(c) 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;

(d) he shall not leave the territory of India without the prior permission of the Court.

Certified copy as per rules.