Ajay Singh And Another vs State Of M.P

Vivek Rusia, J

This is first bail application under Section 438, Cr.P.C. for grant of bail to the applicants who are apprehending their arrest in connection with Crime

No.233/2021, Police-Station- Anjad, District- Barwani for commission of the offence under Section 34 (2) of M.P. Excise Act.

As per prosecution case, on 05.05.2021 the police conducted raid in the Shanti Hotel and recovered 73.575 bulk liters of liquor. The manager of the

Shanti Hotel Sandeep has been arrested on the spot and his statement was recorded under section 27 of the Evidence Act in which he disclosed that

on the instructions of applicant no.2-Rampal he purchased this liquor from the saleman applicant no.1 Ajay from his shop. Accordingly these two

applicants made accused in this case.

Learned counsel for the applicants have submitted that except 27 memorandum statement there is no material collected by the police to implicate the

present applicants in this case and the said statement is not admissible. Sandeep was found selling the liquor without license and permission therefore

he has been made accused. The applicants have no criminal antecedents. If they are arrested they will loose their reputation. Under these

circumstances, learned counsel prays for grant of bail to these applicants.

Learned panel lawyer for the respondent/State opposes the bail application.

Looking to the fact and circumstances, without commenting on the merit of the case, the applications are allowed. It is directed that in the event of

arrest of the applicant-Ajay Singh and applicant-Rampal Singh in connection with the aforesaid crime number, they shall be released on bail upon their

furnishing personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand) each with one surety each in the like amount to the satisfaction of the

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

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

(b) they 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 applicants are 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; and

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

Certified copy as per rules.