Ritik Kumar vs State Of Madhya Pradesh

@JUDGEMENTTAG- JUDGEMENT

Vishal Dhagat, J

This is the first bail application filed on behalf of the applicant under Section 438 of the Cr.P.C. for grant of anticipatory bail, as he is under apprehension of arrest, in connection with Crime No.88/2023, registered at Police Station Station Taradehi, District-Damoh (M.P.) for the offences punishable under Sections 34(2) of MP Excise Act, 42 of Arms Act & 130/177(3) of Motor Vehicle Act.

Learned counsel appearing for the applicant submitted that applicant is the owner of the Innova Vehicle No.MP-34-C-1333. Said vehicle was sold by him on 02.02.2023. It is submitted that said vehicle was used in transportation of illicit liquor by co-accused person. It is submitted that applicant is innocent and has falsely been implicated in the case. In these circumstances, applicant may be enlarged on anticipatory bail.

3 . Learned Govt. Advocate appearing for the State opposed the application for grant of anticipatory bail and submitted that other co-accused person has used the vehicle belonging to applicant for transportation of illicit liquor and he is also involved in the case. In these circumstances, applicant may not be released on anticipatory bail.

Heard the learned counsel for the parties.

Applicant has placed the sale deed dated 02.02.2023 on record. Vehicle was sold much before accruing of the incident.

Considering the facts and circumstances of the case, anticipatory bail application filed by the applicant is allowed on following conditions :

(i) vehicle in question will not be returned to owner on supurdginama, as no information has been given to RTO regarding sale of vehicle;

(ii) applicant will appear before Investigating Officer within seven days after being released on bail and cooperate in investigation of the case ;

(iii) applicant will attend the trial regularly and will not seek unnecessary adjournments except for exceptional circumstances.

It is directed that in the event of arrest of applicant in connection with the aforesaid crime number and the offences, he be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with two sureties of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

Applicant shall abide by the following conditions under Section 438(2) of Cr.P.C:-

(a) Applicant shall make himself available for interrogation by a Police Officer as and when required;

(b) he shall not, directly or indirectly, make any inducement, threat or promise to complainant or witnesses;

(c) he shall not leave India without the previous permission of the Court;

(d) he shall not commit similar offence, of which, They are accused or suspected.

Certified copy as per rules.