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2022 Supreme(MP) 1546

VISHAL MISHRA
Jittu @ Umesh Kumar Yadav – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Dinesh Kumar Upadhyay, Advocate, Akhilendra Singh, Advocate
Final Result : Allowed

JUDGMENT

Vishal Mishra, J. - This is first application under Section 438 of CrPC for grant of anticipatory bail.

The applicant apprehends his arrest in Crime No.635/2021 registered by Police Station-Prithvipur, District-Nevadi (M.P.) for offence punishable under Section 34(2) of the Excise act.

It is submitted that the applicant is innocent and has falsely been implicated in the case. He has not committed any offence in any manner. There is no recovery shown from the present applicant. He has involved in the case only on the basis of memorandum of Section 27 of Cr.P.C. of other co-accused persons. The other co-accused are already in custody. The notice under Section 41-a of the Cr.P.C. has been issued to the applicant and he was directed to appear before the trial court. The document is attached with the case diary. applicant is a first offender aged about 29 years prays for grant of anticipatory bail. He has placed reliance upon the judgment passed by the Hon'ble Supreme Court in the case of Satender Kumar antil vs Central Bureau Of Investigation special petition no.5191/2021 decided on 28 July, 2021 wherein, Hon'ble Supreme Court considering the category and types of offences and al

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