Deendayal Rai vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

Heard with the aid of case diary.

This is first bail application filed under Section 438 of Cr.P.C. for grant of anticipatory bail to the applicant in connection with FIR/Crime No.238/2024 Date:-06.04.2024 registered at P.S.-Kukshi District-Dhar (M.P.) for commission of offence punishable under Sections 34 (2) and 42 of the M.P. Excise Act, 1915.

Prosecution story in short is that, on 06.4.2024 co-accused Rajendra @ Rohit Verma was found transporting 516 bulk liters of liquor without having any license or authority. Police had seized the aforesaid liquor and vehicle from the possession of co-accused Rajendra @ Rohit Verma and accordingly crime was registered against him. During investigation, it was revealed that present applicant Deendayal Rai had supplied the aforesaid liqour to the co-accused Rajendra @ Rohit Verma.

3 . Learned counsel for the applicant submit that the applicant has not committed the offence and has falsely been implicated in the case only on the basis of memorandum statement given by co-accused Rajendra @ Rohit Verma. No liquor was seized from the possession of the present applicant. There is no legal evidence available against the applicant. It is submitted that one case under Section 34(2) of M.P. Excise Act is also registered against the applicant in May, 2024, but he has also been implicated in the aforesaid case only on the basis of memo recorded under section 27 of Evidence Act, by concerning co-accused persons. It is also submitted that applicant is a reputed person and police is trying to arrest him if he is arrested then his reputation will be tarnished therefore, it is prayed that applicant be granted anticipatory bail.

On other hand, counsel for the non-applicant/State has objected the prayer of the applicant and submits that one criminal case is registered against the applicant, hence he is not entitled for grant of anticipatory bail.

Having heard learned counsel for the parties, perused the case-diary also considering the facts and circumstances of the case, in view of this court it is a fit case to grant anticipatory bail to the applicant. Accordingly, application for bail is allowed.

It is directed that in the event of arrest, applicant- DEENDAYAL RAI shall be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer for his appearance before the Trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.

M.Cr.C. stands disposed of, accordingly. Certified copy, as per Rules.