AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
21 paragraphs · 360 wordsSubodh Abhyankar, J
This is applicant's first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as he is apprehending his arrest
in connection with Crime No.898/2020 registered at Police Station Lasudia, District Indore (MP) for offence punishable under Section 34(2) of M.P.
Excise Act.
The allegation against the applicant is that he was involved in the aforesaid offence wherein 405 bulk liters of unauthorized liquor was seized from a
car/vehicle bearing registration number MP-09 CP-6347.
Counsel for the applicant has submitted that the co-accused Rahul s/o Rameshchandra Chouhan from whose possession the unauthorized liquor was
recovered has already been granted bail in Miscellaneous Criminal Case No.47596/2020 vide order dated 08.04.2021 and the case of the applicant is
that he was also implicated in the case only on the basis of a memo prepared under Section 27 of the Evidence Act and the case of the present
applicant is akin to him. Thus it is submitted that the present anticipatory bail application be allowed.
Counsel for the State, on the other hand, has opposed the prayer.
On due consideration of the submissions and taking note of the fact that the co-accused Rahul has already been enlarged on bail and the final
conclusion of the trial is likely to take sufficiently long time in the wake of fresh spread of COVID-19, this Court is of the considered opinion that the
custodial interrogation of the applicant under the facts and circumstances of the case is not required. Accordingly, this application is allowed.
It is directed that in the event of arrest, applicant Rajendra @ Raju S/o Jagatsingh Thakur shall be released on bail, upon his / her executing a personal
bond in the sum of Rs.1,00,000/- (rupees one lakh) and furnishing solvent surety in the like amount to the satisfaction of the Arresting Officer
(Investigating Officer).
The applicant shall make himself/herself available for interrogation by a Police Officer, as and when required. Applicant shall further abide by the
other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.
Accordingly, Miscellaneous Criminal Case No.30103/2021 stands allowed.
Certified copy as per rules.