Arif Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 2972 MP

                                  1                             MCRC-26383-2021
        The High Court Of Madhya Pradesh
                  MCRC-26383-2021
                   (ARIF KHAN Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 05-07-2021
      Heard through Video Conferencing.

      Shri J. P. Patel, learned counsel for the applicant.
      Shri Pramod K. Chourasiya, learned P.L. for the respondent/State.

On account of prevailing conditions worldwide brought about by the COVID-19 virus, the present application has been heard through video

conferencing in order to maintain social distancing. The necessary parties have effectively been represented by their respective counsel via video conferencing.

Heard and perused the record.

This is first bail application under Section 438 of the Cr.P.C. filed by the applicant for grant of anticipatory bail in connection with Crime No.290/2021 registered at Police Station Bargi, District Jabalpur (M.P.) for offence punishable under Section 34(2) of Excise Act.

Co uns el for the applicant submits that application for grant of

anticipatory bail for an offence under Section 34(2) of M.P. Excise Act is maintainable in view of the judgment of this Court passed in the case of Naresh Kumar Lahria Vs. State of M.P. reported in 2004(4) MPHT 205. It is further submitted that in the present case one Mohd. Haroon was caught along with the vehicle and only on his memorandum statement the applicant has been made accused. Apart from that there is no evidence against the present applicant and prima facie no case is made out against the present applicant.

Counsel for the State submits that as per the statement of Mohd. Haroon present applicant has been impleaded as accused as he has stated in his statement that he has taken liquor from the present applicant and there is no criminal record of the present applicant.

In view of the aforesaid, I am of the view that the applicant is entitled to 2 MCRC-26383-2021 grant of anticipatory bail. Therefore, without expressing any opinion on the merits of the case, this application is allowed.

It is directed that in the event of arrest, applicant- Asif Khan shall be released on bail on his furnishing a personal bond in a sum of Rs. 50,000/- (Rs.Fifty Thousand Only) with one surety in the like amount to the

satisfaction of arresting officer. The applicant shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Shri Pramod K. Chourasiya, learned Panel Lawyer, on their respective email addresses, for intimation to the police station concerned.

Certified copy as per rules.

(VIJAY KUMAR SHUKLA) JUDGE

mrs. mishra

Signature Not Verified SAN

Digitally signed by MRS DEEPA MISHRA Date: 2021.07.05 16:49:17 IST