Dasrath Ahirwar vs State Of Madhya Pradesh

Pramod Kumar Agrawal, J

This is the first application filed on behalf of the applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail apprehending his arrest in relation to Crime No.252/2025 at Police Station Khajurao, District Chhatarpur (M.P.) for the offence punishable under Section 34(2) of M.P. Excise Act.

As per the prosecution story, on receiving information from the informant Police made a search and recovered 54 bulk liter illicit liquor from possession of co-accused. During investigation, the applicant has been made accused on the basis of memorandum of co-accused. On the basis of which, the offence has been registered against the present applicant under the aforesaid section.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant has been made accused only on the basis of memorandum of co-accused. Nothing has been recovered from present applicant. Offence is triable by J.M.F.C. The conclusion of trial will take considerable time. Therefore, it has been prayed that the applicant may be granted benefit of anticipatory bail.

On the other hand, learned counsel for State has opposed the grant of anticipatory bail to the applicant and prayed for it's rejection.

Looking to the facts and circumstances of the case, without commenting anything on the merits of the case, the anticipatory bail application filed by the applicant is allowed. It is directed that if the applicant is arrested by the police then he shall 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.

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

(a) Applicant shall make himself available for interrogation by a Police Officer as and when required;

(b) He shall not, directly or indirectly, make any inducement, threat or promise to complainant or witnesses;

(c) He shall not leave India without the previous permission of the Court;

(d) He shall not commit similar offence, of which, he is accused or suspected.

(e) He will further abide by the condition enumerated in sub-section (3) of Section 480 of the Cr.P.C. Certified copy as per rules.