Ashok S/O. Laxman Banjara vs State Of M.P

Vivek Rusia, J

This is first application filed under Section 438 of Cr.P.C. by the applicant â€" Ashok S/o. Laxman Banjara, who is apprehending his arrest by the

police in connection with Crime No.27/2021 registered at Police Station Varla, District Barwani for the offence punishable under Section 34(2) & 49-

A of the M.P. Excise Act.

As per prosecution case, 60 bulk liters of country made liquor has been recovered from the possession of the applicant and on the basis of which the

case has been registered against the applicant.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He has been made accused only on the basis of

memorandum u/s. 27 of co-accused Nana of the Evidence Act. Even Nana has been implicated in this case on the basis of memorandum u/s. 27 of

the Evidence Act. The police unnecessarily wants to arrest the present applicant. He is the first offender. He, therefore, prayed for grant of

anticipatory bail to the applicant.

Learned Panel Advocate appearing for the respondent/State submits that the case-diary is not available with him, therefore, he cannot make any

statement about the criminal antecedents of the applicant, but it is correct that he has been implicated in this case on the basis of memorandum of

Nana recorded u/s. 27 of the Evidence Act. Apart from that, nothing has been mentioned in the impugned order.

In view of the aforesaid facts and circumstances of the case, without further commenting anything on the merits of the case, it would be appropriate

to enlarge the applicant on bail subject to conditions.

It is directed that the applicant shall appear before the Investigating Officer between 05.06.2021 to 09.07.2021 and after recording the statement of

the applicant, the police shall release the applicant upon his furnishing personal bond in the sum of Rs.40,000/-(Rupees Forty Thousand only) with two

sureties (out of which one should be the local) in the like amount to the satisfaction of the arresting officer. This order shall be governed by the

conditions No.1 to 3 of sub section (2) of section 438 Cr.P.C. The applicant shall also co-operate with the investigation. Before release of the

applicant on anticipatory bail, the police shall also verify the criminal antecedents of the applicant and if it is found that he is having any criminal

antecedent, then in that case, he shall not be released on bail.

With the aforesaid, this M.Cr.C. stands disposed of.

C.C. as per rules.