GAURAV SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is second application filed by the applicant under Sec. 482 of the B.N.S.S. for grant of anticipatory bail. The applicant apprehends his arrest in connection with Crime No.274/2025 registered at Police Station - Station Road, District - Morena (M.P.) for the offence under Ss. 34(2) of Excise Act. First bail application was dismissed as withdrawn by this Court.

(2.) As per the prosecution's case, the allegation against the present applicant is that when the police party, on the basis of information, intercepted the Co-accused, then from his possession 66.660 liters of liquor was seized from his possession. The co-accused stated before the police party, that the present applicant has provided the aforesaid liquor to him for sell. Accordingly, offence was registered.

(3.) Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. Earlier the present applicant was extended the benefit of the judgement of Armesh Kumar Vs. State of Bihar [ (2014) 8 SCC 273 ] and Satender Kumar Antil Vs. Central Bureau of Investigation [(2022) 10 SCC 51], Siddharth Vs. State of U.P. and anr. [(2022) 1 SCC 676] and Aman Preet Singh Vs. Central Bureau of Investigation ((2022) 13 SCC 764]. He cooperated in investigation and appeared before the prosecution as and when required. He never misused the liberty so granted to him. But, during the course of filing of charge-sheet, no intimation was furnished to him. This is the lacuna of prosecution.