Rajiv Dhobi vs State Of Madhya Pradesh

Prakash Shrivastava, J

This is an application made by the applicant under Section 438 Cr.P.C. for grant of anticipatory bail.

Notice of this application was served on the State counsel. Case diary as per the direction of this Court has been produced and it has been perused.

The applicant is apprehending his arrest for an offence punishable under Section 34(2) of the M.P.Excise Act, registered with Police Station Taal,

district Ratlam in Crime No.91/2020.

Learned counsel for the applicant submits that 450 bulk liters of illicit liquor has been seized from the backyard of the co-accused Samrat and allegedly

the co-accused Samrat and Kamal have fled away from the spot. He further submits that nothing has been seized from the present applicant and that

the applicant has been implicated only on the basis of memorandum of co-accused Kamal recorded under Section 27 of the Evidence Act stating that

the seized liquor was supplied by the applicant. He also submits that apart from that there is no other material to connect the applicant with the

offence and if arrested he will suffer serious prejudice.

Learned counsel for the State has opposed the bail application and has submitted that the applicant has criminal antecedents under the IPC as also

under the Excise Act.

Considering the submissions made by the learned counsel for the parties and also taking note of the fact that the implication of the applicant is only on

the basis of memorandum of co-accused recorded under Section 27 of the Evidence Act, I find it to be a fit case for grant of anticipatory bail to the

applicant.

Accordingly, the bail application is allowed and it is directed that in the event of the applicant's arrest, in connection with Crime No.91/2020, the

applicant be released on bail on furnishing a bail bond of Rs.35,000/-(Rupees Thirty Five Thousand only) with one surety of the like amount to the

satisfaction of Station House Officer of the Police Station concerned. He would abide by the conditions mentioned in Section 438(2) Cr.P.C.

The applicant is also directed to appear before the Investigating Officer within a period of two weeks from today.