SADHULAL JAISWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application filed by the applicant/Sadhulal Jaiswal under Sec. 438 of Cr.P.C for grant of anticipatory bail, who is apprehending his arrest in connection with Crime No.64/2022 registered at Police Station-Panwar, District Rewa (MP) for offences punishable under Ss. 34(2), 42 of M.P Excise Act.

(2.) Learned counsel for the applicant submits that the bolero vehicle bearing registration no.UP-70FE1734 was seized by local police station Panwar, District Rewa (MP) which was driven by driver Om Prakash Kesharwani. Applicant is made accused on the basis of memorandum of said Om Prakash Kesharwani. It is submitted that neither the applicant is owner of said vehicle nor driver of said vehicle. He was not present at the spot. It is mentioned in the memorandum that present applicant had supplied liquor, which was transported by co-accused/Om Prakash has no evidentary value. Police is demanding 1-1.5 lac to release him on bail in terms of provisions contained in sec. 41A of Cr.P.C. Co-accused have been released but as applicant is unable to fullfill illegal demands of the police, he has been falsely implicated and prayed that applicant be released on anticipatory bail.

(3.) Learned Deputy G.A opposes the submissions made on behalf of the applicant has prayed for rejection of the bail application and submits that applicant has criminal history of 4 cases.