CHHEDILAL JAISWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This i s first application under Sec. 438 of the Code of Criminal Procedure as applicant apprehending his arrest in connection with Crime No.71/2022 for the offences punishable under Sec. 34(2) of M.P. Excise Act registered at Police Station-Pipat District-Chhatarpur (M.P.).

(2.) Learned counsel appearing for the applicant submitted that applicant has falsely been implicated in the case. No evidence is available against the applicant. Police is relying on memorandum of co-accused persons which is not admissible in evidence. Considering the aforesaid circumstances, applicant be enlarged on bail.

(3.) Learned Government Advocate appearing for the State opposed the bail application and submitted that applicant was present along with other co- accused persons in the vehicle and he absconded taking advantage of darkness.