Nasir Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 1388 MP

                                                                              1
                                               IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                                                                            BEFORE
                                                         HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                                   ON THE 31st OF JANUARY, 2022

                                                           MISC. CRIMINAL CASE No. 3679 of 2022

                                                    Between:-
                                                    NASIR KHAN S/O IRAT AHMAD KHAN , AGED
                                                    ABOUT 38 YEARS, OCCUPATION: LABOUR
                                                    GRAM        NIMBAHEDA,       DISTRICT
                                                    CHITTOUDGADH (RAJASTHAN)

                                                                                                         .....PETITIONER
                                                    (BY SHRI MANOJ MALVIYA, ADVOCATE )

                                                    AND

                                                    THE STATE OF MADHYA PRADESH STATION
                                                    HOUSE OFFICER THROUGH POLICE STATION
                                                    SADALPUR
                                                    DISTRICT DHAR, (MADHYA PRADESH)

                                                                                                       .....RESPONDENTS
                                                    (BY SHRI VISMIT PANOT, PANEL LAWYER)
                                                                (Heard through Video Conferencing)
                                                  This appeal coming on for admission this day, the court passed the
                                            following:
                                                                               ORDER

Heard. Case diary perused.

This is the first application filed by the applicant under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.

T h e applicant is apprehending his arrest in connection with Crime No.344/2018 registered at Police Station Sadalpur, District Dhar for the offences punishable under Sections 34(2) of M.P. Excise Act, 1915.

Allegation against the applicant is that he is involved in the aforesaid offence wherein 8732 bulk liters of illicit liqour has been seized from trailer truck bearing Reg. No.RJ 26 GA 0708.

Learned counsel for the applicant submits that the applicant is innocent a n d h a s been falsely implicated in the aforesaid crime. The applicant is arraigned only on the basis of memo of co-accused persons Himat Singh and Signature Not VerifiedDigitally signed by SAN SUMATHI JAGADEESAN Sajid, recorded under Section 27 of Indian Evidence Act. The applicant is Date: 2022.02.01 10:55:42 IST

neither owner nor driver of the alleged vehicle. Co-accused Himat Singh and Sajid Hussain have already been acquitted by trial Court in RCT No.1314/2019 vide judgment dated 22/12/2021. There is no criminal antecedents against the applicant. There is no likelihood of his absconding or tampering with the prosecution evidence. On these grounds, he may be enlarged on anticipatory bail.

Learned Panel Lawyer on the other hand has opposed the bail application, however, he fairly conceded that there is no criminal antecedents against the applicant.

However, keeping in view the facts and circumstances of the case in their entirety particularly the facts as pointed out by learned counsel for the applicant, in the opinion of this Court, the applicant deserves to be released on bail. Consequently, this first application for bail under Section 438 of the Cr.P.C. filed on behalf of the applicant is allowed.

It is directed that in the event of his arrest, the applicant be released on anticipatory bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty thousand only) with a solvent surety in the same amount to the satisfaction of the Arresting Officer for his appearance before the trial Court on all dates and for complying with the conditions enumerated in sub-Section (2) of Section 438 of the Cr.P.C.

T he applicant shall appear before the concerned Investigating Officer as and when required and shall cooperate in the investigation of the matter.

C.C. as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE sumathi

Signature Not Verified VerifiedDigitally Digitally signed by SAN SUMATHI JAGADEESAN Date: 2022.02.01 10:55:42 IST