Ajay Pal Singh vs State Of Madhya Pradesh

Sandeep N. Bhatt, J

This is the first application filed on behalf of the applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for grant of anticipatory bail. The applicant is apprehending his arrest in relation to Crime No.54/2026 registered at Police Station - Kalukheda, District Ratlam (M.P.) for the offence punishable under Section 34(2) of the M.P. Excise Act.

As per the prosecution story, on 29.03.2026, on the basis of secret information, police intercepted vehicle bearing registration No.G.J-01-7449. During search of the vehicle, 144 bulk litres of illicit liquor was seized from co-accused person. The co-accused has been apprehended. On the basis of memorandum of co-accused, the present applicant has been implicated in the present case.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the alleged offence. It is contended that no offence, as alleged, was committed by the present applicant. The applicant has no criminal antecedents; although another offence was registered against the accused on the same day, counsel submits that, considering the overall circumstances, the provisions of Section 34(2) of the M.P. Excise Act are not applicable. In view of the allegations in the FIR and the fact that the applicant has no previous record or prior convictions, it is further submitted that the applicant is a reputable member of society, and custodial interrogation would cause significant loss of reputation. Counsel argues there is no prima facie case against the applicant and seeks protection to prevent the misuse of legal process. Furthermore, it is submitted that as the investigation is ongoing, the applicant undertakes to remain available and cooperate fully with the process. He further submits that the investigation is going on and the applicant will cooperate in further investigation. The conclusion of trial will take considerable time. In these circumstances, applicant may be granted anticipatory bail.

On the other hand, learned counsel for the State has opposed the bail application by saying that huge quantity of 144 bulk litres of illicit liquor is recovered and seized from the possession of co-accused, but he fairly submits that the applicant is implicated on the basis of statement of co-accused and as such present applicant is also active participation in the crime in question and, therefore, considering the seriousness of the case, no discretion should be exercised in favour of the applicant, therefore, he prays for dismissal of the bail application.

Heard the submissions of the learned counsel for the parties made at the bar and perused the case diary and also considered the Section 34(2) of the M.P. Excise Act, which is reproduced as under:-

Section 34(2) of M.P. Excise Act-Notwithstanding anything contained in sub-section (1), if a person is convicted for an offence covered by clause (a) or clause (b) of sub-section (1) and the quantity of the intoxicant being liquor found at the time or in the course of detection of the offence exceeds fifty bulk liter, he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than twenty five thousand rupees but may extend to one lac rupees :Provided that when any person is convicted under this section for an offence for second or subsequent time, he shall be punishable for every such offence with imprisonment for a term which shall not be less than two years but which may extend to five years and with fine which shall not be less than fifty thousand rupees but may extend to two lac rupees.

Considering the FIR as also considering the facts and circumstances of the case and so also considering the fact that applicant is first time offender, the applicant has no criminal antecedents; although another offence was registered against the accused on the same day, considering the overall circumstances so also the fact that the applicant has no previous record or prior convictions and other material available on record, the anticipatory bail application of the applicant requires consideration, without commenting on merits of the case, the anticipatory bail application is allowed.

Accordingly, it is directed that in that event of arrest, the applicant be released on bail on his furnishing a 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 Investigating Offier/Arresting Officer.

Applicant shall abide by the following conditions under Section 480 (2) of Cr.P.C :-

(i) Applicant shall extend full cooperation in the investigation, failing which this order shall become ineffective.

(ii) Applicant shall make himself available for interrogation by a police officer as and when required;

(iii) Applicant is directed to join investigation, then and there;

(iv) Applicant 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 them from disclosing such facts to the Court or to any police officer.

However, it is being made clear that in case of bail jump and in violation of any of conditions imposed herein above, this order shall become ineffective and Investigation Officer/Trial Court shall be at liberty to proceed against the applicant as per law.

Certified copy as per rules.