DHARMENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application under Sec. 438 of Cr.P.C for grant of anticipatory bail in connection with crime No.759/2023, registered at P.S - Heera Nagar District - Indore for offence punishable under Sec. 34(2) of Excise Act.

(2.) As per the prosecution case, it is alleged that from the joint possession of the accused persons 198 Bulk Liters of liquor has been seized. A notice under Sec. 41(A) of Cr.P.C was given to the applicant. He appeared before the investigating agency and co-operated with the investigation.

(3.) Learned counsel for the applicant submits that because of the bar in the Excise Act he cannot apply for anticipatory bail but since he has co-operated with the investigation and therefore, custodial interrogation is not necessary. He has placed reliance on an order passed by this Court in the case of Jimmi Vs. State of MP passed in M.Cr.C No.9783/2023.