VIJAY BAGDE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Perused the case diary / challan papers which is made available by the office of the Advocate General. This is applicant' first application under Sec. 438 of Criminal Procedure Code, 1973 seeking anticipatory bail, as he is apprehending his arrest in connection with Crime No.270/2020 registered at Police Station Manak Chowk, Ratlam District Ratlam (MP) for offence punishable under Sec. 34 (2) of Madhya Pradesh Excise Act, 1915.

(2.) The allegation against the applicant is that he was also involved in the aforesaid case wherein 60 bulk liter of unauthorized liquor has been seized from the possession of accused persons Arif and Nitin Jain. It is stated that the applicant was not apprehended on the spot; and in fact, his name has been mentioned on the basis of memo prepared by co-accused Ashok. It is also stated under identical circumstances, the other co-accused Anil and Ankit have already been granted bail by this Court in M.Cr.C.No.3320/2021 dtd. 23/3/2021. It is further stated that one more case under Sec. 34(2) of the MP Excise Act has been registered against the applicant.

(3.) Having considered the order passed in M.Cr.C. No.3320/2021 and on perusal of the case diary and taking note of the quantity of the liquor as also the fact that the present applicant has been implicated in the case only on the basis of memo of co-accused Ashok prepared under Sec. 27 of the Evidence Act and there is no other material available in the case diary to connect the present applicant with the offence, in the considered opinion of this court, the applicant has made out a case for grant of anticipatory bail on grounds of parity. Accordingly, the application is allowed. It is directed that in the event of arrest, applicant shall be released on bail, upon him executing a personal bond in the sum of Rs.50,000.00 (rupees fifty thousand only) and furnishing solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).