ORDER

This is first application filed under section 438 Cr.P.C. for grant of anticipatory bail to applicant who is apprehending his arrest in connection with Crime No.35/2021 for the offences punishable under Section 34(2) of Excise Act.

The applicant is apprehending his arrest in the aforesaid case. The case of the prosecution against the applicant herein above is that he was arrested and from his possession 63 liters of alcohol was seized without license. Admittedly, the applicant was never arrested. He was issued notice under Section 41 (A) of Cr.P.C. and was allowed to go. Thereafter, when the charge-sheet was filed, the arrest warrant has been issued. It is undisputed that the applicant has assisted the police during the course of investigation.

Learned counsel for the applicant astonishingly brings out the deliberate manipulation in the investigation. In this regard, he draws the attention of this Court to page No. 34 which is a copy of the seizure memo with regard to alcohol that was seized allegedly from the spot. The seizure memo has been prepared on 13.04.2021 at 6.15 pm. In that, the crime No. is also given as 35 of 2021. Thereafter, learned counsel for the applicant draws the attention of this Court to page No. 21 which is the copy of the FIR which reflects that the FIR has been registered on 14.04.2021 at mid-night.

Under the circumstances, it appears that the seizure memo was already been prepared even before the FIR was lodged and yet it bears the crime number. This reflects that the police had prepared the seizure memo earlier and thereafter entered the crime number after the FIR was registered, several hours later. If the seizure memo was to be genuine, at that juncture, it shown have shown that the crime number was 0/2021. The very fact that it gives the number of the FIR, the crime number where the FIR was registered hours later, shows an improper and a casual approach towards the investigation by the police.

Under the circumstances, the application is allowed . It is directed that if the applicant herein is arrested by the Arresting Officer, he shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer.

A copy of this order be sent forth with S.P., Vidisha, A.D.G. and I.G.

Bhopal Division, for necessary actions, if they so deem fit.

Certified copy as per rules.

(ATUL SREEDHARAN) JUDGE Vishal