In cases involving offenses under Section 34(2) of the Excise Act, the court may consider granting anticipatory bail to an accused who has no prior criminal record, no seizure from them, and is of a young age.

ORDER

This is the first application filed by the applicants under Section 438 of the Cr.P.C. seeking anticipatory bail in connection with FIR/Crime No.69/2024 dated 22.02.2024 registered at Police Station Naryawali District Sagar for the offences punishable under Section 34 (2) of Excise Act.

2. Learned counsel for the applicant contends that as per the allegations levelled by the prosecution, there is seizure of 56 bulk liters of illicit country made liquor from the co-accused and only on the basis of memorandum statement of co-accused, the present applicant has been made an accused in the present case. Nothing has been seized from the possession of the present applicant. There is no previous criminal record of the applicant under Section 34 (1) of M.P. Excise Act. Applicant is aged about 19 years. No custodial interrogation is required in this matter. If the anticipatory bail is not granted to the applicant, his reputation in the society will be tarnished. There is no probability of his absconding or tampering with the evidence of prosecution.

Therefore, prays for grant of anticipatory bail to the applicant.

3. The counsel for the State has opposed the application and submitted that there is a seizure of 56 bulk liters of illicit country made liquor from the co- accused, therefore, taking into consideration the conduct of the applicant, the applicant is not entitled to be enlarged on bail.

4. A perusal of the case diary it reflects that there is seizure of 56 bulk liters of illicit country made liquor from co-accused and on the basis of memorandum statement of co-accused, the present applicant has been made as an accused in the present case. The applicant is aged about 19 and there is no criminal antecedents of the present applicant.

5. Considering the totality of the circumstances of the case, the age of the present applicant and also the fact that the past criminal antecedents of the applicant is unblemished, this Court deems it appropriate to enlarge the applicant on anticipatory bail, therefore, without commenting on the merit of the case, the application is allowed.

6. It is directed that in the event of arrest, applicant Vikas Adiwasi shall be enlarged on bail on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the Arresting Officer for his appearance before him during the course of investigation or before the trial Court concerned during trial, as the case may be.

7. It is further directed that the applicant shall abide by all the conditions as enumerated under Section 438(2) of the Cr.P.C. (MANINDER S. BHATTI) JUDGE sp (MANINDER S. BHATTI) JUDGE sp