Madhya Pradesh High Court

MCRC/52636/2018 of RAHUL SINGH @ KULDEEP SINGH Vs THE STATE OF MADHYA PRADESH on 31 December 2018

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MP BEHCN AT INDORE MCRC No.52636/2018 Rahul Singh vs. The State of

HIGH COURT OF MP BEHCN AT INDORE

MCRC No.52636/2018

Rahul Singh vs. The State of M.P.

Indore: Dated:-31.12.2018

Shri R.K.Shashtri, learned counsel for the petitioner.

Shri Suraj Sharma, learned Public Prosecutor for therespondent/State.

Heard with the aid of case diary.

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O R D E R

This is first application under section 438 Cr.P.C seekinganticipatory bail in Crime No.316/2018 under Section 34(2) of M.P.

Excise Act, registered at Police Station- Taal-Ratlam.

2. As per the prosecution case, 150.3 bulk liters of country madeforeign liquor was recovered from house of the co-accused ManoharSingh and present petitioner is implicated only on the memo statementof co-accused Manohar Singh.

3. It is submitted by the learned counsel for the petitioner that hehas falsely been implicated on the memo statement of co-accusedManohar Singh under Section 27 of the Evidence Act, therefore, hemay be granted anticipatory bail.

4. Learned Public Prosecutor has opposed the bail prayer.

5. In such situation, having regard to the aforesaid, evidenceavailable on record and other facts and circumstances of the case, theapplication is allowed and it is directed that in the event of arrest ofthe petitioner or his surrender before the Investigating Officer orbefore the concerned Judicial Magistrate within 30 days from today inconnection with the aforesaid crime number, he shall be released onbail upon his furnishing personal bond in the sum of Rs.50,000/- withone surety in the like amount to the satisfaction of the arrestingofficer. This order shall be governed by the conditions No.1 to 3 ofsub section (2) of section 438 Cr.P.C.

Amit

(Virender Singh)

Judge

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