Chhedilal Jaiswal vs State Of Madhya Pradesh

Vishal Dhagat, J

This i s first application under Section 438 of the Code of Criminal Procedure as applicant apprehending his arrest in connection with Crime No.71/2022 for the offences punishable under Section 34(2) of M.P. Excise Act registered at Police Station-Pipat District-Chhatarpur (M.P.).

Learned counsel appearing for the applicant submitted that applicant has falsely been implicated in the case. No evidence is available against the applicant. Police is relying on memorandum of co-accused persons which is not admissible in evidence. Considering the aforesaid circumstances, applicant be enlarged on bail.

Learned Government Advocate appearing for the State opposed the bail application and submitted that applicant was present along with other co- accused persons in the vehicle and he absconded taking advantage of darkness.

Heard the counsel for the parties.

Only memorandum of co-accused persons is available against the applicant. No other witness or material is available against him. Said memorandum is not admissible. Considering the same, anticipatory bail application filed by the applicant is allowed.

It is directed that in the event of arrest of applicant in connection with the aforesaid crime number and the offence, he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

The applicant is directed to join the investigation immediately and to co-operate with the investigating agency. He will further abide by the condition enumerated in sub-section (2) of Section 438 of the Cr.P.C.

Certified copy as per rules.