Sandeep Rathore vs State Of Madhya Pradesh

Pranay Verma, J

Heard with the aid of case-diary.

This is applicant's First application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as the applicant is apprehending his arrest in connection with Crime No.517/2022 registered at Police Station Rajgarh, District Dhar (MP) for offence punishable under Sections 34(2) and 46 of the M.P. Excise Act.

As per the prosecution, on 13.10.2022, at about 7.00 a.m., the Police recovered 636 bulk liter of illicit liquor from co-accused Dinesh which was being transported by him in a Pick Up vehicle bearing registration No.GJ-23-AT-3449. On recording of his memorandum under Section 27 of the Evidence Act to the effect that he had procured the said contraband from co-accused Akash and that the present applicant had loaded the liquor in the vehicle, he has been implicated for the present offence.

Learned counsel for the applicant submits that other co-accused person Aakash S/o Ramavtar Sen in M.Cr.C. No.51373/2022 vide order dated 1. 11.2022 has already been grated bail by this Court. The applicant is ready and willing to cooperate in the investigation and shall appear before the Investigating Officer as and when directed. On such grounds prayer for grant of anticipatory bail to the applicant has been made.

The aforesaid prayer has been opposed by learned counsel for the respondent/State submitting that in view of the allegations levelled against applicant, he is not entitled for the benefit of grant of anticipatory bail.

I have heard learned counsel for the parties and have perused the case- diary.

Having considered the rival submissions and on perusal of the case diary as also considering the fact that other co-accused person Aakash S/o Ramavtar Sen in M.Cr.C. No.51373/2022 vide order dated 01.11.2022 has already been grated bail by this Court, this Court finds it expedient to allow the present application for grant of benefit of anticipatory bail to the applicant.

It is directed that in the event of arrest of applicant by the Arresting Officer, he shall be released on bail subject to his furnishing a personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of 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. Applicant 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.52738/2022 stands allowed.

Certified copy as per rules.