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Judgment
G.S. Ahluwalia, J
This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime No.51/2022 registered at Police Station Khaniyadhana, District Shivpuri for offence
under Section 34(2) of M.P. Excise Act.
It is submitted by the counsel for the applicant that according to the prosecution case, one motorcycle was stopped on the information given by an
informer. After noticing the police party, the pillion rider ran away after leaving two canes of country made liquor. The driver of the motorcycle was
apprehended. It is alleged that the name of the pillion rider was disclosed as that of the applicant. It is submitted that after the police party had stopped
the motorcycle, then it was not possible for the applicant to run away.
However, in view of the allegation made against the applicant, coupled with the provisions of Section 59-A(i) of M.P. Excise Act, the application for
grant of anticipatory bail is not maintainable.
Accordingly, the application is dismissed as not maintainable.