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IN THE HIGH COURT OF MADHYA PRADESH
Nandita Dubey, J.
Vikash Singh Rajpoot – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 62232 of 2022
Decided On : 03-01-2023
Anticipatory Bail - M.P. Excise Act - The court granted anticipatory bail to the applicant, considering the nature of the allegation, the lack of criminal antecedents, and other facts and circumstances of the case.
Fact of the Case:
The applicant filed for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with a case registered under Section 34(2) of the M.P. Excise Act. The prosecution alleged that a motorcycle was intercepted with a large quantity of liquor seized from the pillion rider, who claimed to have purchased it from the applicant, the manager of a liquor shop.
Finding of the Court:
The court allowed the bail application, noting that the applicant had no criminal antecedents and was falsely implicated based on a memorandum. The court directed the applicant to cooperate in the investigation if released on anticipatory bail.
Issues: The main issue was the applicant's apprehension of arrest in connection with the alleged offence under the M.P. Excise Act and the prosecution's opposition to the bail application.
Ratio Decidendi: The court considered the nature of the allegation, the lack of criminal antecedents, and other facts and circumstances of the case in granting anticipatory bail to the applicant.
Final Decision: The court directed that the applicant be released on bail upon furnishing a bail bond and complying with the conditions under Section 438(2) of the Code of Criminal Procedure.
JUDGMENT
Nandita Dubey, J. - This is the first application filed under Section 438 of the Code of Criminal Procedure filed on behalf of the applicant for grant of anticipatory bail.
2. T h e applicant is apprehending his arrest in connection with Crime No.515/2022 registered at Police Station Chhapara, District Seoni, for the offence punishable under Section 34(2) of the M.P. Excise Act.
3. As per the prosecution, on the basis of information one motorcycle was intercepted wherein 59.760 bulk liters of liquor has been seized from the pillion rider. It is stated that the driver ran away from the spot and the present applicant has been made accused on the basis of memorandum of pillion rider, who stated that the said liquor was purchased from the present applicant, who is the manger of liquor shop namely "Mugwani Sharab Ki Dukan".
4. Learned counsel for the applicant submits that the applicant has been falsely implicated on the basis of memorandum only. Nothing has been seized from his possession. He is only an employee of particular liquor shop and has not committed any offence nor he was present on the spot. Learned counsel for the applicant undertakes to assist and cooperate in the investigation in case if he is released on anticipatory bail. It is also pointed out that he has no criminal antecedents registered against him till date. This fact has not been disputed by the counsel for the objector as well as the State.
5. Learned counsel for the State has vehemently opposed the bail application.
6. Considering the nature of allegation against the applicant, the fact that the applicant has no criminal antecedents and other facts and circumstances of the case, this application is allowed.
7. It is directed that in the event of arrest, the applicant be released on bail upon his furnishing a bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the Station House Officer/Arresting Officer of the Police Station concerned.
8. The applicant shall abide by the conditions enumerated under Section 438 (2) of the Code of Criminal Procedure.
Certified Copy as per rules.
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.
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 main legal point established in the judgment is the grant of anticipatory bail in connection with possession of unauthorized liquor under Section 34 (2) of the Madhya Pradesh Excise Act, 1915.
Grant of anticipatory bail based on the consideration of false allegations and the existence of a dispute between the parties.
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