ORDER

They are heard. Perused the case dairy/challan papers.

2. This is first bail application filed by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail. The applicant is apprehending his arrest in connection with Crime No.561/2022, registered at Police Station Betma, District Indore, for the offences punishable under Sections 34(2) of M.P.

Excise Act and under Sections 279 and 337 of IPC.

3. As per the prosecution, on 13.8.2022, an information was received as regards an accident having occurred at Methwada Fata between two cars. On reaching the spot the police party found that a Brezza car bearing registration No. M.P. 09 Y.C. 8180 and an Eicher vehicle bearing registration No. D.L.1 L.M. 9947 have collided. The driver of the Eicher vehicle ran away. In that vehicle on search total 4200 bulk litres of liquor was found. The vehicle and liquor was not having any permit and documents. The vehicle was found to be of the registered ownership of the co-accused Pawan. On recording of his memorandum under Section 27 of the Evidence Act to the effect that he had given the vehicle to the present applicant on rent for the purpose of illegal transportation of liquor, the applicant has been implicated in the present offence.

4. Learned counsel for the applicant submits that besides the memorandum of co-accused Pawan recorded under Section 27 of the Evidence Act there is no other material available on record against him. He is not the registered owner of the vehicle nor has any recovery been made from him. It is Mohsin who is alleged to be the driver of the vehicle at the time when the same met with an accident. The co-accused Pawan is already in custody. It is hence submitted that in view of the material available against the applicant, he deserves to be granted the benefit of anticipatory bail.

5. Learned counsel for the respondent/State has opposed the prayer and has prayed for rejection of the application.

6. I have heard the learned counsel for the parties and have perused the case diary.

7. The vehicle from which recovery of liquor has been made is registered in the name of co-accused Pawan. The implication of the applicant appears to be on the basis of memorandum under Section 27of the Evidence Act of co-

accused Pawan. No recovery has been made from the applicant nor is he the owner of the vehicle nor is alleged to have been driving the same at the time when it met with an accident. Thus in my opinion, in view of the allegations levelled against the applicant he deserves to be granted the benefit of anticipatory bail.

8. It is directed that in the event of arrest of applicant by the Arresting Officer, he shall be released on bail subject to his furnishing a personal bond in the sum of Rs.50,000 /- with one solvent surety of like amount to the satisfaction of the Arresting Officer (Investigation-Officer).

9. The applicant shall make himself available for interrogation by a Police Officer, as and when required. Applicant shall further abide by the other conditions enumerated in Sub-Section (2) of Section 438 of the Cr.P.C.

10. Accordingly, M.Cr.C.No.46597/2022, stands allowed and disposed off.

Certified copy as per rules.

(PRANAY VERMA) JUDGE SS/-