MAHENDRA SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first bail application filed by applicant under sec. 438 of Cr.P.C. 1973. The applicant apprehends his arrest in connection with the offence punishable under Sec. 34(2) of MP Excise Act registered as crime No. 554/21 at police station Neemuch Cantt. District Neemuch.

(2.) As per the prosecution story, on 26/10/21 police got discrete information from the informer. Acted upon said information, police party reached on the spot and intercepted vehicle bearing registration No. RJ-27-CH-3078 and recovered 90 bulk liters of liquor from possession of co-accused Narayan Singh who was driving the vehicle. On the basis of memorandum under Sec. 27 of Evidence Act of co-accused Narayan Singh, the present applicant has been made accused in this offence.

(3.) Learned counsel for applicant submits that applicant is innocent and he has been falsely implicated in the aforementioned offence. He submits that nothing has been recovered from possession of the present applicant. The applicant is implicated in this offence only on the basis of memorandum of co-accused recorded under sec. 27 of Evidence Act. The applicant is the only bread earner of his family. He is permanent resident of District Ratlam. Under such circumstances, learned counsel prays for grant of anticipatory bail to the applicant.