Manish vs The State Of Madhya Pradesh
2021 Latest Caselaw 752 MP

1         HIGH COURT OF MADHYA PRADESH :
                  BENCH AT INDORE
            MCRC No.6880/21 (Manish Vs. State of MP) &
            MCRC No.5861/21 (Dongarsingh vs. State of MP)

Indore: Dated:-16/03/2021:-

      Shri Vivek Singh, learned counsel for the applicant Manish.
      Shri Mohit Pandya, learned counsel for the applicant
Dongarsingh.
      Shri Ankit Premchandani, learned Panel Lawyer for the State.
      With the consent, matters are analogously heard finally.
                               ORDER

This is first bail application of applicant Manish under Section 438 of Cr.P.C. for grant of anticipatory bail. Applicant is apprehending his arrest in connection with Crime No.384/2020 registered at Police Station- Pati, Dist. Barwani for the offence punishable under Section 34(2) of MP Excise Act.

2) This is first bail application of applicant Dongarsingh under Section 439 of Cr.P.C. for grant of bail arising out of Crime No.384/20 registered at Police Station- Paati, Dist. Barwani for the offence punishable under Section 34(2) of MP Excise Act.

3) Learned counsel for the applicant Manish submits that this applicant is falsely implicated on the basis of memorandum of Dongarsingh prepared under Section 27 of Indian Evidence Act. Interestingly, Dongarsingh is implicated on the basis of a similar memorandum obtained from Sitaram. Nothing is recovered from present applicant. Main accused Sitaram has been enlarged on bail by this Court in MCRC No.1415/2021 on 29/01/2021. The applicant does not have any criminal record. He will cooperate with the investigation. He will not tamper the evidence and material and he may be given the benefit of anticipatory bail. In similar circumstances, the Coordinate Bench in MCRC No.6871/2021 (Piyush vs. State of MP) decided on 22/02/2021 granted bail to a similarly situated person, who was arraigned on the basis of Section 2 HIGH COURT OF MADHYA PRADESH :

BENCH AT INDORE MCRC No.6880/21 (Manish Vs. State of MP) & MCRC No.5861/21 (Dongarsingh vs. State of MP)

27 memorandum. He placed reliance on a Division Bench judgment of this Court reported in 2004(4) MPHT 205 (Naresh Kumar Lahria vs. State of MP) to contend that if it can be shown that there is no prima facie case against the applicants, the bar under Section 59A of Excise Act cannot be pressed into service.

4) Shri Vivek Singh, learned counsel for the applicant Manish submits that main accused Sitaram is enlarged on bail. The present applicant is also arraigned on the basis of Section 27 memorandum. Hence, applicant may be enlarged on bail. The challan has already been filed.

5) The prayer is opposed by learned Panel Lawyer, however, he did not dispute that main accused Sitaram has been enlarged on bail.

6) Considering the order of Coordinate Bench passed in the case of Piyush (supra) wherein it was held that statement recorded under Section 27 of Indian Evidence Act is not admissible evidence, a prima facie case is made out for grant of anticipatory to Manish bail and regular bail to Dongar Singh.

7) Considering the aforesaid, coupled with the fact that main accused has been enlarged on bail, I deem it proper to allow the bail applications. Accordingly, the bail applications for anticipatory bail and regular bail is allowed.

8) Accordingly, in the event of arrest, the applicant-Manish S/o Satyanarayan be released on anticipatory bail on furnishing personal bond in the sum of Rs.35,000/- (Rupees Thirty Five Thousand only) along with one 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. Conditions of Section 438(2) Cr.P.C. shall also apply on the applicant during currency of bail.

9)    Applicant-Dongarsingh S/o Nurji is directed to be released on
      3         HIGH COURT OF MADHYA PRADESH :
                       BENCH AT INDORE
                 MCRC No.6880/21 (Manish Vs. State of MP) &

MCRC No.5861/21 (Dongarsingh vs. State of MP)

bail on his furnishing a personal bond in the sum of Rs.35,000/- (Rupees Thirty Five Thousand only) with one solvent surety of the like amount to the satisfaction of the trial court for his regular appearance before the trial court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.

MCRCs are allowed.

Certified copy, as per rules.

(SUJOY PAUL) JUDGE soumya

Digitally signed by Soumya Ranjan Dalai Date: 2021.03.17 10:10:00 +05'30'