Mahendra Singh vs State Of M.P

Anil Verma, J

This is first bail application filed by applicant under section 438 of Cr.P.C. 1973. The applicant apprehends his arrest in connection with the offence punishable under sections 34(2) of MP Excise Act registered as crime No. 554/21 at police station Neemuch Cantt. District Neemuch.

As per the prosecution story, on 26.10.21 police got discrete information from the informer. Acted upon said information, police party reached on the spot and intercepted vehicle bearing registration No. RJ-27-CH-3078 and recovered 90 bulk liters of liquor from possession of co-accused Narayan Singh who was driving the vehicle. On the basis of memorandum under Section 27 of Evidence Act of co-accused Narayan Singh, the present applicant has been made accused in this offence.

Learned counsel for applicant submits that applicant is innocent and he has been falsely implicated in the aforementioned offence. He submits that nothing has been recovered from possession of the present applicant. The applicant is implicated in this offence only on the basis of memorandum of co-accused recorded under section 27 of Evidence Act. The applicant is the only bread earner of his family. He is permanent resident of District Ratlam. Under such circumstances, learned counsel prays for grant of anticipatory bail to the applicant.

Per-contra, learned PL for the respondent /State opposes the bail application and prays for its rejection by submitting that there is one criminal case registered against the applicant.

Considering the facts and circumstances of the case, nature and gravity of allegation and also taking note of the fact that the present applicant has been implicated in this offence on the basis of memorandum of co-accused under section 27 of Evidence Act, nothing has been recovered from the possession of the present applicant, without commenting upon merits of the case, the present anticipatory bail application deserves to be and is hereby allowed.

Accordingly, in the event of arrest in crime No. 554/21, applicant be released on anticipatory bail on his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand) with one surety in the like amount to the satisfaction of arresting officer for his appearance before the Investigating Officer during the course of investigation as and when directed. Conditions of Section 438(2) Cr.P.C. shall also apply on the applicant during currency of bail.

With the aforesaid, the application stands disposed of.

Certified copy, as per rules.