NITESH KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed by the applicant under Sec. 482 of Bharatiya Nagrik Suraksha Sanhita, 2023, seeking anticipatory bail in connection with Crime No.263/2025 registered at Police Station Gadava, District Singrauli, for the offence punishable under Sec. 34(2) of M.P. Excise Act.

(2.) Learned counsel for the applicant has submitted that applicant anyhow was not involved in the case. As per the prosecution case, from the Alto K10 Car, 138.57 liters alcohol was recovered. During investigation, it was found that the vehicle was sold to Abhishek by the first owner of the vehicle Vipin Kumar and on the memorandum of Abhishek, this applicant has falsely been implicated in the case. The police is trying to arrest the applicant, hence, the applicant be given the benefit of anticipatory bail.

(3.) Learned counsel for the respondent/State has opposed the anticipatory bail application and has submitted that as per the memorandum of Abhishek, the applicant was transporting the alcohol on this vehicle and his active participation is proved, hence, the applicant is not entitled to be released on anticipatory bail.