Ashok S/O Manoharlal Kothari vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is the applicant's first application under Section 438 Cr.P.C,1973, for grant of anticipatory bail, as he/she is apprehending his/her arrest in

connection with Crime No.109/2021, registered at Police Station- Nai Abaadi, District-Mandsaur (M.P) for commission of the offence punishable

under Section 34(2) of the M.P. Excise Act, 1915.

Although this Court, on the last date i.e. on 16.6.2021, had directed the counsel for respondent to ensure the presence of the Investigating Officer

through video conferencing, however counsel for the respondent has submitted that due to some technical problem he is not able to come. However,

he has obtained the instructions regarding the tower locations of the applicant at the time of the incident and as per his instructions the Police had

already verified the CDR and tower locations of the applicant and the same would be filed as and when he is received probably along with the charge

sheet.

The allegation against the applicant is that he was piloting another vehicle in which the alleged contraband of 60 bulk liters of unauthorized liquor was

carrying.

Learned counsel for the applicant has submitted that apart from the memo prepared under Section 27 of the Evidence Act, there is nothing available

on record to connect the applicant with the offence. It is further submitted that there are no other criminal case registered against the applicant,

therefore, if he is arrested, an irreparable injuries shall be caused to him and also to his family members. Thus, it is submitted that the application be

allowed.

Learned counsel for the State, on the other hand, has opposed the prayer however, it is not denied that there are no other material evidence available

against the applicant except the memo prepared under Section 27 of the Evidence Act.

Having considered the rival submissions and on perusal of the case diary, this Court finds forced with the contention raised by the counsel for the

applicant that the bar under Section 59-A of the M.P. Excise Act would not be applicable to the facts and circumstances of the case, in the

considered opinion of this Court, custodial interrogation of the applicant in the present facts and circumstances of the case, is not required.

In view of the aforesaid, this Court finds it expedient to allow the present application for grant of anticipatory bail.

Accordingly, this application is allowed. It is directed that in the event of arrest, the applicant shall be released on bail, upon his/her executing a

personal bond in the sum of Rs.25,000/- (Rupees Twenty five thousand only) and furnishing solvent surety in the like amount to the satisfaction of the

Arresting Officer (Investigating Officer).

The applicant shall make himself/herself available for interrogation by a Police Officer, as and when required. The applicant shall further abide by the

other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

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

Certified copy, as per rules.