Himanshu vs State Of Madhya Pradesh

Subodh Abhyankar, J

1] They are heard. Perused the case-diary.

2] This is the first application filed by the applicant under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023/Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No.327/2025 registered at Police Station Sanwer, District Indore for the offence punishable under Section 34(2) of M.P. Excise Act.

3] The allegation against the applicant is that he was also involved in the aforesaid case, wherein 70.560 bulk litres of unauthorized liquor has been seized from the possession of co-accused persons Sonu @ Shubham Rawat and Rajesh Sharma on 1.8.2025, who, in their disclosure memo, have named the present applicant as the person from whom the aforesaid liquor was obtained by them.

4] Counsel for the applicant has submitted that apart from the aforesaid memo, there is nothing on record to connect the applicant with the offence. It is further submitted that co-accused persons Rajesh and Sonu @ Subham Rawat have already been granted bail by this Court vide order dated 8.9.2025 passed in MCRC.No.38055/2025. It is further submitted that there are no criminal antecedents against the present applicant and thus, the anticipatory bail application be allowed.

5] Counsel for the respondent/State has opposed the prayer.

6] Having considered the rival submissions and on perusal of the case diary, this Court is inclined allow the present application as the custodial interrogation of the applicant under the facts and circumstances of the case does not appear to be necessary.

7] Accordingly, without commenting anything on the merits of the case, the application is allowed. It is directed that in the event of arrest, applicant shall be released on bail, upon his executing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer). The applicant shall make himself available for interrogation by a Police Officer, as and when required. He shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

8] Accordingly, MCRC stands allowed.