Ramesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 6555 MP

      HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                           M.Cr.C. No.49041/2021
                    (Ramesh Vs. State of Madhya Pradesh)
                                                                        -1-
Indore, dated 20/10/2021
       Mr. Burhanuddin Azad, learned counsel for the applicant.

       Ms.   Seema      Maheshwari,   learned   Panel    Layer    for   the
respondent/State.

This first application under Section 438 of Cr.P.C. for grant of anticipatory bail has been filed by the applicant, who is apprehending his arrest in connection with Crime No.238/2021 registered at police station- Tanda, District-Dhar for the offence punishable under Section 34(2) of M.P. Excise Act, 1915.

02. As per prosecution story, on 11.08.2021 during the patrolling, police officers of police Station-Tanda received discrete information from the informer that present applicant and one Rakesh have collected some illicit wine inside the old government primary school at village- Jali. On the basis of the said information, police party reached the spot and found that two persons were depositing brown colored boxes inside the school. After seeing police party, they ran away and succeeded to escape from the spot. Witness -Sursingh identified them as Ramesh and Rakesh and from their possession, 532.18 bulk liters of beer and foreign liquor was seized from the spot. Accordingly, a case was registered against the present applicant and other co-accused persons.

03. Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in this offence. He is 35 years old person having good reputation in society. He is permanent resident of district-Dhar. Nothing has been recovered from his possession and the said premises from where alleged liquor was seized was not in his possession. Hence, learned counsel prays for grant of anticipatory bail HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

M.Cr.C. No.49041/2021 (Ramesh Vs. State of Madhya Pradesh)

to the present applicant. He has placed reliance upon a judgment delivered by the coordinate Bench of this Court in the case of Naresh Kumar Lahriya Vs. State of M.P., reported in 2004(4) MPHT 205.

04. Per contra, learned counsel for the respondent/State opposes the bail application and prays for its rejection.

05. Heard the learned counsel for the parties and perused the case- diary.

06. Considering the facts and circumstances of the case and the nature and gravity of the allegations and also the fact that alleged premises is a government school and there is nothing on record to establish that the premises was in possession of the present applicant and no liquor was seized from the possession of the present applicant and the applicant has no criminal history, the application for anticipatory bail deserves to be allowed and is, accordingly, allowed.

07. Accordingly, it is directed that in the event of arrest, applicant

-Ramesh be released on anticipatory bail on furnishing personal bond in the sum of Rs.60,000/- (Rs. Sixty Thousand) 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.

With the aforesaid, the application stands disposed of. Certified copy, as per rules.

(Anil Verma) Judge N.R.

Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2021.10.21 12:55:12 +05'30'