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Judgment
9 paragraphs · 372 wordsJ. P. Gupta, J
This is first bail application filed by the applicant/accused under Section 438 of Cr.P.C for grant of anticipatory bail, who is apprehending his arrest in connection with Crime No.408/2020 registered at Police Station Rahatgarh, District Sagar for the offence punishable under Sections 34(2) and 42 of the M. P. Excise Act, 1915.
Allegation against the applicant is that on the date of incident the applicant was working as a salesman of a liquor shop and sold 108 bulk litres of liquor to the other co-accused persons from whose possession liquor was seized.
Learned counsel for the applicant submits that the applicant is innocent. He has been arrayed in this case only on the statement given by co-accused persons to the police which are not admissible and there is no other substantial material against the applicant to connect him with the crime and, therefore, there is no need to arrest the applicant for the purpose of investigation. There is no likelihood of his absconding or tempering with the witnesses. Trial will take time. Hence, he be enlarged on bail.
Learned P.L. has opposed the application and prayed for rejection of the same.
Having considered the contentions of learned counsel for the parties and perusing the record, without commenting anything on the merits of the case, this court is of the view that the applicant is entitled to get the benefit of the bail. Hence, this application is allowed.
It is directed that in the event of arrest or surrender of applicant Vijay Rai before the Arresting Authority / Investigating Officer in relation to aforementioned Crime number, within a period of 15 days from today, he Date: 2020.10.13 14:20:28 IST shall be enlarged on anticipatory bail on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Authority/Investigating Officer. If he fail to do so, the effect of this order shall be vacated automatically. The applicant/accused is directed to join the investigation immediately and fully co-operate with the investigation.
He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
Certified copy as per rules.