Anand [email protected] Anand Kumar Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 1159 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE ANAND PATHAK
                                              ON THE 19 th OF JANUARY, 2023
                                          MISC. CRIMINAL CASE No. 234 of 2023

                          BETWEEN:-
                          ANAND [email protected] ANAND KUMAR PATEL, S/O SHRI
                          GANGA PRASAD PATEL, AGED ABOUT 29 YEARS,
                          OCCUPATION: STUDENT, R/O VILLAGE BITAULI, P.S.
                          AMILIYA, DISTT. SIDHI (M.P.)

                                                                                             .....APPLICANT
                          (BY SHRI JAI SHUKLA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THR. P.S. AMILIYA
                          P.S. AMILIYA, DISTT. SIDHI (M.P.)

                                                                                        .....RESPONDENT
                          (BY SHRI AJIT RAWAT - GOVERNMENT ADVOCATE )

                                This application coming on for admission this day, the court passed the
                          following:
                                                               ORDER

This is the first application under Section 438 of the Cr.P.C filed by the

applicant, who is apprehending his arrest in connection with Crime No.609/2022 registered at Police Amiliya, District-Sidhi (M.P.), for the offence punishable under Section 34(2) of Excise Act.

It is the submission of learned counsel for applicant that his source of implication is the memo of co-accused Rajendra Yadav under Section 27 of the Evidence Act. Co-accused was intercepted and thereafter benefit of Section 41- A of Cr.P.C. is extended and statement of Rajendra Yadav has been recorded.

Signature Not Verified He participated in investigation. Nothing less and nothing more. Signed by: POONAM MANEKAR Signing time: 1/19/2023 6:37:35 PM

As per the allegations, the applicant and the co-accused Rajendra Yadav were in possession of 92 liters of liquor and had sold it off to different persons. No seizure has been made at the instance of applicant. He has been falsely implicated. He relied upon the judgment of a Division Bench of this court in the case of Naresh Kumar Lahriya vs. State of M.P. reported in 2004 (4) M.P.H.T. 205 to submit that anticipatory bail under Section 59-A of M. P. Excise Act in such circumstances is applicable wherein prima-facie no case is made out. He also seeks indulgence of this Court on the basis of judgment passed by the Apex Court in the case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273 which needs to be considered and the applicant

be released accordingly. Applicant is ready to participate in investigation as per the mandate of Arnesh Kumar (Supra) . Confinement may bring social disrepute and personal inconvenience. Under these grounds, counsel for the applicant prayed for grant of anticipatory bail to the applicant.

Learned Government Advocate for the respondent/State opposed the prayer. However, he fairly submits that applicant does not bear any criminal record and the co-accused has been given the benefit of notice under Section 41-A of Cr.P.C. and he is participating in investigation.

Heard learned counsel for the parties at length and perused the case diary.

Considering the submissions advanced by the learned counsel for the parties and especially the fact that only source of implication of applicant is memo under Section 27 of Evidence Act and it appears that liquor has been seized from the possession of co-accused Rajendra Yadav, the applicant deserves the benefit of anticipatory bail as per the mandate of Arnesh Kumar Signature Not Verified Signed by: POONAM MANEKAR Signing time: 1/19/2023 6:37:35 PM

(Supra).

"In view of above, present anticipatory bail application is disposed of in the light of law laid down by Hon'ble Apex Court in the case of Arnesh Kumar (supra).

(i) That, the police may resort to the extreme step of arrest only when the same is necessary and the applicant fails to cooperate in the investigation.

(ii) That the applicant should first be summoned to cooperate in the investigation. If the applicant cooperates in the

investigation, then the occasion of his arrest should not arise."

Investigating Officer is at liberty to take consequential follow up action in case of any non-cooperation. It is hereby directed that in the event of arrest, the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Authority/trial Court. This order shall remain operative subject to compliance of the following conditions by the applicant:-

1. The applicant shall comply with all the terms and conditions of the bond executed by him;

2. The applicant shall cooperate in the investigation/trial, as the case may be;

3. The applicant shall not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of Signature Not Verified Signed by: POONAM MANEKAR Signing time: 1/19/2023 6:37:35 PM

which he is accused;

5. The applicant shall not seek unnecessary adjournments during the trial;

6. The applicant shall not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

Application stands allowed and disposed of. A copy of this order be sent to the trial Court concerned for compliance and information.

Certified copy as per rules.

(ANAND PATHAK) JUDGE VPA

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 1/19/2023 6:37:35 PM