RAJESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed by the applicant under Sec. 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail relating to Crime No.343/2023 registered at Police Station Barwaha, District Khargone (M.P.) for the offence under Ss. 34(2) and 49-A of the M.P. Excise Act.

(2.) As per the prosecution story, the co-accused was found to be in possession of 70 bulk litres spirit and 120 bulk liter liquor unauthorisedly and illegally during the search by police. On his memorandum under Sec. 27 of the Evidence Act present applicant has been implicated in the offence. Accordingly, a case has been registered.

(3.) Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. Applicant has been implicated only on the basis of memorandum under Sec. 27 of the Evidence Act given by the co-accused persons, but nothing has been recovered from is possession. Under the above circumstances, prayer for grant of anticipatory bail may be considered on such terms and conditions, as this Court deems fit and proper.