Sahil Ghoshi @ Sajal vs State Of Madhya Pradesh

Pramod Kumar Agrawal, J

Investigating Officer, Shri Mukul Rawat of Police Station Taradehi has submitted that seizure was not done by him as the seizure proceedings were conducted by Head Constable Tulsi Ram No. 282. However, he fairly submitted that in the present case, the key of the shop shutter was not obtained from the present applicant, but from the owner of the shop, namely Shivraj Lodhi.

This is the first application filed by the applicant under Section 482 of B.N.S.S. for grant of anticipatory bail apprehending his arrest in connection with Crime No.33/2026 registered at Police Station - Taradehi, District Damoh (M.P.) for the offences punishable under Section 34(2) of Excise Act.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant is not the owner of the shop from where the vehicle was seized. The said shop is in the possession of Shivraj Lodhi. The key of the shop was also obtained from Shivraj Lodhi. There is no other evidence against the present applicant and nothing is to be recovered from his possession. Applicant has no criminal antecedents. Therefore, it has been prayed that the applicant may be granted benefit of anticipatory bail.

On the other hand, learned counsel for State has opposed the prayer for grant of anticipatory bail and prayed for it's rejection.

Looking to the facts and circumstances of the case and without commenting on the merits of the case, anticipatory bail application filed by the applicant is allowed. It is directed that if the applicant is arrested by the police, then he shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

Applicant shall abide by the following conditions under Section 482(2) of B.N.S.S.:-

(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, he is accused or suspected.

(e) He will further abide by the conditions enumerated in Sub-section

(3) of Section 480 of the B.N.S.S. Certified copy as per rules.