Vijay Baghel vs State Of M.P

Rajeev Kumar Dubey, J

This is first application filed under Section 438 of the Cr.P.C. as applicant Vijay Baghel apprehends his arrest in connection with Crime No.449/2020

registered at Police Station Parasiya, District Chhindwara (MP) for the offence punishable under Section 34(2) and 44 of the M.P. Excise

(Amendment) Act, 2000.

As per prosecution case, on 12/10/2020 on the information of informant Police stopped the car bearing registration No.MP-20FA-3311, which was

being driven by co-accused Suresh @ Monu and co-accused Bhagwan Das @ Rohit @ Duggu and Hemant were also traveling in that car and seized

72 bulk liter country made liquor from their possession, which was illegally being carried by them in that car. On interrogation, co-accused informed

the police that applicant Vijay Baghel gave that wine. So police also implicated the applicant in the crime.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. It is further submitted that there

is no direct evidence on record to connect the applicant with the crime. Police only on the basis of memorandum of co-accused implicated the

applicant with the crime, while the confessional statement to police cannot be accepted as legal evidence against the applicant in the absence of any

other incriminating piece of evidence. The applicant is ready to cooperate in the investigation. In the event of arrest, his reputation will be ruined.

Under these circumstances, applicant prays for anticipatory bail.

Learned counsel for the respondent/State opposed the prayer and Date: 2020.12.16 15:31:40 IST submitted that sufficient evidence is available against

the applicant to connect him with the crime. So, looking to the provisions of Section 59-A of the MP Excise Act, the applicant should not be released

on anticipatory bail.

 The provisions of Section 59-A of the M.P. Excise Act only applies where from the evidence collected by the prosecution during investigation

prima facie it appears that the applicant committed of an offence covered under Section 59-A of the M.P. Excise Act. While in this case, there is no

direct evidence on record to connect the applicant with the crime. Police only on the basis of memorandum of co-accused implicated the applicant

with the crime, while the confessional statement to police cannot be accepted as legal evidence against the applicant in the absence of any other

incriminating piece of evidence, the applicant has no criminal past, so without commenting on the merits, this application under section 438 of the

Cr.P.C. is allowed. It is directed that in the event of arrest of applicant by the Police in the aforesaid crime, the applicant shall be released on bail on

his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the

Arresting officer (Investigating Officer) for his regular appearance before the Police during the investigation or before the Court during trial.

 This order will remain operative subject to compliance of the following conditions by the applicant :

 1. The applicant will comply with all the terms and conditions of the bond executed by him;

 2. The applicant will cooperate in the investigation/trial, as the case may be;

 3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

 4. The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

C.C. as per rules.