Rajveer Dhakad vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the record.

This is applicant's first application under Section 438 of Cr.P.C. for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No.592/2023 registered at Police Station Sabalgarh, District-Morena for offence punishable under Section 34(2) of M.P. Excise Act.

As per prosecution story, the applicant was found in possession of 207 bulk liters of illegal and unauthorized liquor.

Counsel for the applicant has submitted that the liquor seized neither belongs to the applicant nor he was present on the spot, he was implicated only on the basis of the statement of police witness Pradeep Jatav. It is further submitted that aforesaid witness Pradeep Jatav has already filed an affidavit stating that present applicant was not present on the spot. Learned counsel also submits that present applicant has been falsely implicated because of the political rivalry and there is no direct evidence on record to connect the applicant with the alleged crime. Under such circumstances, prayer is made for grant of anticipatory bail to the applicant.

Counsel for the respondent/State, on the other hand has opposed the prayer and it is submitted that there is a bar under Section 59-A of MP excise act, hence, applicant is not entitled for grant of anticipatory bail.

On due consideration of submissions advanced by counsel for the parties, perusal of the case-diary, this Court is of the opinion that provisions of Section 59-A of Excise Act are not attracted in the present case as there is nothing on record to connect the applicant with the alleged crime. Under such circumstances, the custodial interrogation of the applicant does not appear necessary.

Accordingly, this application is allowed. It is directed that in the event of arrest, applicant shall be released on bail, upon his executing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).

The applicant shall make himself available for interrogation by a Police Officer, as and when required. He shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

Certified copy as per rules.