Dharmendra vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

This is first bail application under Section 438 of Cr.P.C for grant of anticipatory bail in connection with crime No.759/2023, registered at P.S - Heera Nagar District - Indore for offence punishable under Section 34(2) of Excise Act.

As per the prosecution case, it is alleged that from the joint possession of the accused persons 198 Bulk Liters of liquor has been seized. A notice under section 41(A) of Cr.P.C was given to the applicant. He appeared before the investigating agency and co-operated with the investigation.

Learned counsel for the applicant submits that because of the bar in the Excise Act he cannot apply for anticipatory bail but since he has co-operated with the investigation and therefore, custodial interrogation is not necessary. He has placed reliance on an order passed by this Court in the case of Jimmi Vs. State of MP passed in M.Cr.C No.9783/2023.

Learned counsel for the respondent/state opposed the prayer and submits that there is one criminal record against the applicant under section 34 of Excise Act.

After hearing learned counsel for the parties and considering the submission that the applicant has appeared before the investigating agency and co-operated with the investigation, I am of the view that the applicant is entitled for grant of anticipatory bail on the following condition:-

1) That the applicant shall appear before the Trial Court on the date(s) fixed by the Trial Court.

It is directed that in the event of arrest, applicant shall be released on bail on furnishing a personal bond in a sum of Rs.50,000/- (Rs.Fifty Thousand Only) with one surety in the like amount to the satisfaction of arresting officer. The applicant shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General on its email address, for intimation to the police station concerned.

Certified copy as per rules.