PRAHLADSINGH 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.324/2021 at police station Alot, District Ratlam.

(2.) As per the prosecution story, on 5/8/2021, police received secret information from the informant that 3 persons were transporting illicit liquor. To act upon such information, police reached on the spot and tried to intercept three persons but two coaccused persons ran away from the spot and another co-accused Ramsingh was caught by the police and from his possession, 190.08 bulk liters of liquor was recovered. Ram Singh disclosed name of present applicant and other co-accused persons in his statement recorded under Sec. 27 of Indian Evidence Act. On the basis of said statement, offence has also been registered against the applicant.

(3.) Learned counsel for applicant submits that applicant is innocent and he has been falsely implicated in the aforementioned offence. Nothing has been recovered from his possession, he has been implicated on the basis of memorandum given by the coaccused under Sec. 27 of Evidence Act, which is not permissible in the eyes of law. Investigation is almost over and the applicant is not required for further interrogation. Learned counsel further submits that coaccused - Arjun has been released on anticipatory bail by this Court vide order dtd. 5/10/2021 passed in M.Cr.C. No.43689/2021, hence, on the ground of parity also, the present applicant deserves for grant of anticipatory bail. Under such circumstances, learned counsel prays for grant of anticipatory bail to the applicant.