ORDER

This is the first application filed by the applicant for grant of anticipatory bail under section 438 of the Code of Criminal Procedure, 1973 relating to FIR No. 190/2023 registered at P.S -Chandra Shekhar Azad Nagar District Alirajpur (M.P.) for the offence under Sections 34(2), 36, 46 of the M. P. Excise Act.

2/As per the prosecution story, the co-accused persons namely Anil Kumar and Mukesh were found to be in joint possession of 204 bulk liters of country made liquor unauthorisedly, illegally and without having any valid license during the search by police. On the basis of their memo under section 27 of the Evidence Act, present applicant has been implicated in the instant case.

3/Learned counsel for the applicant contended that heis innocent and has been falsely implicated in the present offence. Only allegation levelled against him is that the co-accused persons had taken the alleged vehicle on rent from the present applicant. No material has been collected by the Investigatin Officer to who that the applicant has any nexux with the alleged offence. Co-<br/>

accued Anil and Mukesh have already been enlarged on regular bail by this Court vide order dated 20/06/2023 passed in MCRC no. 24425/2023 He is permanent resident of Disteict- Dahod (Gujhrat). He is not having any criminal antecedent. The alelged offence is exclusively triable by JMFC..Under these circumstances, he prays that present applicant be enlarged on anticipatory bail.

4/Per-contra, learned PL has opposed the application and prays for its rejection, but fairly admits taht no criminal antecedent has been found against the applicant.

5.Perused the case diary as well as impugned order passed by the trial Court.

6/Considering all the facts and circumstances of the case, the nature allegation and taking note of the fact that co-accued Anil and Mukesh have already been enlarged on regular bail by this Court; the applicant is not having any criminal antecedent and in view of the material evidence available on record, I deem it proper to allow the present application.

7/Accordingly, without commenting upon the merits of the case, present application for grant of anticipatory bail is hereby allowed . It is directed that in the event of arrest, the applicant be released on anticipatory bail on his furnishing personal bond in the sum of Rs.70,000/- (Rs. Seventy Thousand) along with two sureties (out of which, one local surety) in the like amount to the satisfaction of arresting officer for his appearance before the Investigating Officer during the course of investigation as and when directed.

8/However, all the conditions of Section 438(2) Cr.P.C. shall also apply on the applicant during currency of bail.

9/With the aforesaid, the application stands disposed of. Certified copy, as per rules. (ANIL VERMA) J U D G E amol