Rajendra vs State Of Madhya Pradesh

Shailendra Shukla, J

This is first anticipatory bail application under Section 438 of Code of Criminal Procedure, 1973 filed by the applicant namely; Rajendra S/o Badrilal

Jaiswal as he is apprehending his arrest in connection with Crime No.1988/2019 registered at Police Station â€" Excise Circle, Khargone, District â€

Khargone (MP) for allegedly committed offence under Section 34(2) of MP Excise Act, 1915.

The prosecution story in short was that 78 bulk litres of illicit liquor was seized from the possession of co-accused who in his memorandum statement

has named the present applicant from whom he used to bring the alleged liquor.

Learned counsel for the applicant submits that apart from the memorandum of co-accused, there is no other evidence available against the present

applicant and the aforesaid material is not admissible in evidence. On these grounds, anticipatory bail has been sought.

Learned counsel for the non-applicant/State has been heard who has opposed the bail application.

Considered.

After duly considering the aforesaid facts and circumstances of the case and the submissions mainly those made by learned counsel for the applicant,

without commenting upon merits of the case, a case is made out for grant of anticipatory bail to the applicant. Consequently, this application filed

under Section 438 Cr.PC is being allowed. It is directed that in the event of arrest of applicant â€" Rajendra S/o Badrilal Jaiswal in connection with

the aforesaid crime number, the applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty

Thousand only) with one local solvent surety in the like amount to the satisfaction of Arresting Officer. The applicant shall appear before the

Investigating Officer (IO) on 23.06.2021 and he shall also assist the Investigating Officer in the investigation process and shall continue to do so

whenever it was required by the Investigating Officer.

This order shall be governed by the conditions No.1 to 3 of sub-section (2) of Section 438 of Criminal Procedure Code, 1973.

With the aforesaid, this application stands allowed and is disposed of in above terms. Certified copy as per Rules.