Rajesh vs State Of Madhya Pradesh

Anil Verma, J

This is the first application filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail relating to Crime No.343/2023 registered at Police Station Barwaha, District Khargone (M.P.) for the offence under Sections 34(2) and 49-A of the M.P. Excise Act.

As per the prosecution story, the co-accused was found to be in possession of 70 bulk litres spirit and 120 bulk liter liquor unauthorisedly and illegally during the search by police. On his memorandum under Section 27 of the Evidence Act present applicant has been implicated in the offence. Accordingly, a case has been registered.

Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. Applicant has been implicated only on the basis of memorandum under Section 27 of the Evidence Act given by the co-accused persons, but nothing has been recovered from is possession. Under the above circumstances, prayer for grant of anticipatory bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per-contra, learned counsel for the respondent – State opposes the bail application and prays for its rejection by submitting that two criminal antecedents have been found against the present applicant. Applicant is a habitual offender, hence, he is not entitled to be released on anticipatory bail.

Perused the impugned order of the trial Court as well as the case dairy.

Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation and also taking note of the fact that applicant has been made accused only on the basis of memorandum given by the co-accused but nothing has been recovered from his possession and offence is exclusively triable by JMFC. Therefore, without commenting upon the merits of the case, I deem it proper to release the applicant on anticipatory bail.

Accordingly, application is allowed. It is directed that in the event of applicant's arrest, the applicant be released on anticipatory bail on his furnishing personal bond in the sum of Rs.70,000/- (Rupees Seventy Thousand Only) with one surety in the like amount to the satisfaction of arresting officer for his appearance before the Investigating Officer during the course of investigation as and when directed. Conditions of Section 438(2) Cr.P.C. shall also apply on the applicant during currency of bail.

Certified copy as per rules.