MCRC/52562/2018 of RAHUL Vs THE STATE OF MADHYA PRADESH on 31 December 2018

O R D E R

This is first application under section 438 Cr.P.C seekinganticipatory bail in Crime No.572/2018 under Section 34(2) of M.P.

Excise Act, registered at Police Station- Kishanganj- Indore.

2. As per the prosecution case, when the police intercepted a carbearing Registration No.MP-09-C.J.-4501 and searched, 252 bulkliters of country made liquor was recovered from the vehicle. 3persons managed to escaped from the car. The police arrested driverof the vehicle Pramod who revealed the name of the other co-accusedpersons as Gulab, Nanu and Rahul (present petitioner).

3. It is submitted by the learned counsel for the petitioner that hehas falsely been implicated on the memo statement of co-accusedPramod under Section 27 of the Evidence Act, therefore, he may begranted 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.

(Virender Singh)

Judge

Amit