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DINESH KUMAR PALIWAL
Kalicharan – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Dinesh Kumar Paliwal, J. - This first anticipatory bail application under Section 438 of Cr.P.C. has been filed on behalf of the applicant-Kalicharan for grant of anticipatory bail.
2. Applicant apprehending his arrest in connection with Crime No. 368/2021 of Police Station-Niwari, District-Niwari (MP) for commission of the offences punishable under Section 34(2) of M.P. Excise Act, 1915.
3. As per the prosecution story, on 23.09.2021, on the basis of secret information received from the informer, ASI, Budhdev Singh along with police force and witnesses reached in Kashipur forest. When he reached near the place narrated by the informer they found two persons running away from there. They were identified as Kallu Kachhi and Pappu Balmik. On spot, two furnaces were found which were made by digging a pit and in three blue colour drums 150 liters crude handmade liquor worth Rs. 15,000/- seized. Three drums having 2000-2000 liters mahua were also found kept there.
4. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. No liquor has been seized from his possession. Therefore, he be released on
The main legal point established in the judgment is that custodial interrogation may be necessary in cases involving the seizure of liquor under the M.P. Excise Act, 1915, and running away from the s....
Anticipatory bail is not maintainable for offences under the State Excise Act involving the recovery of illicit liquor exceeding fifty bulk litres, as the relevant statutory provision creates an expl....
The court established that anticipatory bail cannot be granted under section 59-A of the M.P. Excise Act when a prima facie case is made out against the accused.
The court's decision to grant anticipatory bail was influenced by the lack of criminal antecedents, the nature of the allegation, and the facts and circumstances of the case.
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