Rajesh vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

Heard with the aid of case diary.

This is first application filed under Section 438 of Cr.P.C seeking anticipatory bail, as the applicant/accused is apprehending his arrest in connection with FIR/Crime No.158/2023 dated (not mentioned) registered at Police Station- Harangaon, District Dewas (M.P.) for the offence punishable under Section 34(2) of the M. P. Excise Act.

Prosecution case in brief is that on 13.10.2023, co-accused Zakir @ Bhura Kha was found in possession of 63 bulk litres of illicit liquor, without having any license or authority. The police had seized the aforesaid liquor from the possession of co-accused person. Later on, present applicant has been implicated in the case.

3 . Learned counsel for the applicant submits that applicant has not committed the offence and he has falsely been implicated in the case only on the basis of memorandum statement given by co-accused person. No liquor has been seized from the possession of the applicant. There is no legal evidence available against the applicant. Applicant has no criminal past. Applicant is a reputed person and if the police arrests him, his reputation will be tarnished therefore, prayer is made for grant of anticipatory bail to the applicant.

4 . Learned Government Advocate for the State has opposed the prayer and prayed for its rejection.

5 . Having considered the rival submissions and after perusal of case diary so also considering other facts and circumstances of the case, this Court is of the view that applicant deserves to the enlarged on anticipatory bail hence, without commenting on the merits of the case, the application is allowed.

It is directed that in the event of arrest, applicant - Rajesh shall be released on bail upon his furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty 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.

M.Cr.C. stands disposed of accordingly.

Certified copy, as per Rules.