Naresh Rai vs State Of Madhya Pradesh

Pramod Kumar Agrawal, J

This is the first application filed by the applicant under Section 482 of B.N.S.S. for grant of anticipatory bail, who is apprehending his arrest in connection with Crime No. 62/2026 registered at Police Station - Hindoriya, District Damoh (M.P.) for the offences punishable under Sections 34(2), 42 of Excise Act.

As per the prosecution story, co-accused has been found in possession of 93.240 bulk liters of illicit liquor and he has taken the name of present applicant in his memorandum therefore, the aforesaid offence has been registered against the applicant and co-accused.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. It is submitted that except memorandum of co-accused, no other evidence is available against the applicant to connect with the alleged offence. Nothing is to be recovered from him and his custodial interrogation is not required. Therefore, it has been prayed that the applicant may be granted benefit of anticipatory bail. grant of anticipatory bail and prayed for it's rejection.

Looking to the facts and circumstances of the case and without commenting on the merits of the case, anticipatory bail application filed by the applicant is allowed. It is directed that if the applicant is arrested by the police, then he shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

Applicant shall abide by the following conditions under Section 482(2) of B.N.S.S.:-

(a) Applicant shall make himself available for interrogation by a Police Officer as and when required;

(b) He shall not, directly or indirectly, make any inducement, threat or promise to complainant or witnesses;

(c) He shall not leave India without the previous permission of the Court;

(d) He shall not commit similar offence, of which, he is accused or suspected.

(e) He will further abide by the conditions enumerated in Sub-section (3) of Section 480 of the B.N.S.S.

Certified copy as per rules.