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Judgment
20 paragraphs · 346 wordsVishal Dhagat, J
This i s first application filed under Section 438 of the Code of Criminal Procedure as applicant apprehending his arrest in connection with Crime
No.140/2021 registered at Police Station Chandemeta District Chhindwara for offences punishable under Section 34(2) of the M.P. Excise Act.
Counsel for the applicant submitted that applicant is having liquor shop and he is having licence to sell the liquor. Case has been registered against the
applicant only on the basis of memorandum. No other evidence is available against him that it is the applicant who had supplied liquor which has been
seized from the co-accused person in the case. On this ground, he prayed for anticipatory bail of the applicant.
Counsel for the State has opposed the bail application. It is submitted by her that liquor seized by the police was supplied for shop of the applicant.
However, no connecting evidence can be brought before this Court.
Considering the aforesaid circumstances of the case, anticipatory bail filed by the applicant is allowed. Applicant be released on anticipatory bail on
furnishing a personal bond in the sum of Rs.50,000/- with one surety and security in the like amount to the satisfaction of the Arresting officer
(Investigating Officer).
This order will remain operative subject to compliance of the following conditions by the applicant :-
The applicant will comply with all the terms and conditions of the bond executed by him;
The applicant will cooperate in the investigation/trial, as the case may
The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
The applicant shall not commit offence similar to the offence of which he is accused;
The applicant will not seek unnecessary adjournments during the trial; and
The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
Certified copy as per rules.
