Jitu @ Jitendra S/O Dayaram Gurjar vs State Of Madhya Pradesh

This first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail has been filed by the applicant, who is apprehending his / her arrest in connection with Crime No.296/2018 registered at Police Station Excise Circle Kannod, District Dewas (MP) for offence punishable under Sections 34 (a) (1) and 34 (2) of the Madhya Pradesh Excise Act, 1915.

As per prosecution story, on 01.10.2018, on the basis of secret information, Police reached at the house of co-accused Rajesh s/o Ram Avtar Vishwakarma situated in field and from where seized 135 bulk liters of illicit liquor. The police arrested co-accused Rajesh s/o Ram Avtar Vishwakarma and on the basis of his disclosure statement recorded under Section 27 of the Indian Evidence Act, 1872, applicant has also been implicated in the present case.

Learned counsel for the applicant has submitted that applicant is innocent and he has not committed any offence. No illicit liquor has been recovered from the possession of the applicant. The applicant has been implicated in the present case only on the basis of disclosure statement of co-accused Rajesh from whom 135 bulk liters of illegal liquor has been recovered. The aforesaid statement of co-accused Rajesh recorded under Section 27 of the Indian Evidence Act, 1872 is not admissible in evidence. The applicant has no past criminal antecedents. It is also submitted that the applicant is ready to co-operate with the investigation. There is no possibility of his / her absconsion or tempering the evidence, if enlarged on anticipatory bail. Under these circumstances, learned counsel for the applicant prayed for grant of anticipatory bail to the applicant.

On the other hand, learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposes the application and prays for rejection of the anticipatory bail application.

Considering the facts and circumstances of the case, but without commenting anything on the merits of the matter, I deem it proper to grant anticipatory bail to the applicant.

Accordingly, this application is allowed. It is directed that in the event of arrest, applicant Jitu @ Jitendra s/o Dayaram Gurjar shall be released on bail, upon his / her executing a personal bond in the sum of Rs.50,000/- (rupees Fifty 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 / herself available for interrogation by a Police Officer, as and when required. He / she shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

Accordingly, Miscellaneous Criminal Case No.44878/2019 stands allowed.

Certified copy as per rules.