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Judgment
21 paragraphs · 402 wordsMohd. Fahim Anwar, J
This is the first application filed under section 438 of the Cr. P. C. for grant of anticipatory bail to the applicant, who is apprehending his arrest in
connection with Crime No.231/2020 registered at Police Station Excise Circle - 7 Bhopal District-Bhopal for commission of offences punishable under
Section 34 (1) k & 34 (2) of M.P. Excise Act.
Allegation of prosecution is that on the information of informant on 26.11.2020 one vehicle bearing registration No.M.P.04-CJ-3387 was intercepted
by the concerning police, the driver of the vehicle was fled away from the spot taking advantage of darkness. On search of the vehicle 54 bulk liters
illegal foreign liquor was seized. On that basis above mentioned crime has been registered. During the course of investigation aforesaid vehicle was
found to be registered in the name of Ashik Khan but later-on it was sold to the present applicant by execution of sale agreement. On that basis the
applicant has been arrayed as an accused.
Learned counsel for the applicant submits that the applicant is innocent, he has not committed any offence. He has been falsely implicated in the
offence. He is permanent resident of the address mentioned in the application. He is ready and willing to cooperate the investigation and furnish
appropriate surety imposed by this Court. On these grounds the prayer is made to enlarge the applicant on anticipatory bail.
Learned counsel for the State opposes the prayer for grant of bail to the applicant. However, he fairly conceded that on the date of the incident Ashik
Khan was the registered owner of the vehicle.
Looking to thee facts and circumstances of the case, I am of the considered view that it is a fit case for grant of anticipatory bail to the applicant.
Hence, without expressing any opinion on merits of the matter, this application is allowed.  Â
It is directed that in the event of arrest of the applicant, he shall be enlarged on anticipatory bail upon his furnishing a personal bond in the sum of
Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer for his appearance
before the trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of       Section 438 of the Code of
Criminal Procedure.
Certified copy as per rules.