Ranchod vs State Of Madhya Pradesh

They are heard. Perused the case diary.

This first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail has been filed by the applicant, who is

apprehending his arrest in connection with Crime No.321/2018 registered at Police Station Udai Nagar, District Dewas (MP) for offence punishable

under Section 34 (2) of the Madhya Pradesh Excise Act, 1915.

As per prosecution story, on 27.11.2018, upon secret information, Police Udai Nagar, District Dewas has seized 55.800 bulk litres of Country made

liquor from the possession of co-accused Gopal s/o Laxman Bhilala; and upon his disclosure statement, the present applicant has been made as an

accused in the present case.

Learned counsel for the applicant has submitted that the applicant is neither named in the FIR nor in the statement of witnesses recorded under

Section 161 of the Code of Criminal Procedure, 1973. No recovery has been made from the possession of the applicant; and he is not the owner of

the motorcycle in which the seized liquor was being transported. The applicant was also not found on the spot. He has been implicated in the present

crime only on the basis of disclosure statement of co-accused Gopal s/o Laxman Bhilala recorded under Section 27 of the Indian Evidence Act, 1872,

which is not a legal evidence. The applicant is not having any criminal record. He further submitted that the applicant is ready to cooperate with the

investigation and there is no possibility of his tampering with the evidence, if enlarged on anticipatory bail. Under these circumstances, learned counsel

prays for grant of anticipatory bail to the applicant.

On the other hand, learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposed the bail; and prayed for rejection of the

anticipatory bail application.

Considering the facts and circumstances of the case, but without commenting anything on the merits of the matter, I deem it proper to grant

anticipatory bail to the applicant.

Accordingly, this application is allowed. It is directed that in the event of arrest, applicant Ranchod s/o Sukhlal Mujalde shall be released on bail, on his

executing a personal bond in the sum of Rs.50,000/- (rupees fifty 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.

Accordingly, Miscellaneous Criminal Case No.5467/2020 stands allowed.

Certified copy as per rules.