Madhya Pradesh High Court
Shiv Kumar vs The State Of Madhya Pradesh on 30 November, 2023
Author: Anil Verma
Bench: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 30 th OF NOVEMBER, 2023
MISC. CRIMINAL CASE No. 52952 of 2023
BETWEEN:-
SHIV KUMAR S/O HARI SINGH RAGHUVANSHI, AGED
ABOUT 35 YEARS, OCCUPATION: AGRICULTURIST, R/O:
PATHAR MAHOOLA, GRAM MAVAN, DISTRICT GUNA
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI SOMESH GOBHUJ - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION BHIKANGAON,
DISTRICT KHARGONE (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI SACHIN JAISWAL - PANEL LAWYER)
This application coming on for admission this day, the court passed the
following:
ORDER
Applicant has filed this first anticipatory bail application under Section
438 of the Code of Criminal Procedure, 1973 on behalf of the applicant for
grant of anticipatory bail relating to Crime No.568/2023 registered at P.S.
Bhikangoan, District Khargone (M.P.) for commission of offence punishable
under Section 34(2) of M.P. Excise Act.
2. As per the prosecution story, 420 bulk liters country-made liquor
without having any valid licence was recovered from the possession of co-
accused Ravi and Anil and on the basis of their memorandum statement under
section 27 of the Evidence Act, present applicant has been implicated in the
instant case. Accordingly, the aforementioned offence was registered and he
was arrested.
3. Learned counsel for the applicant submits that the applicant is innocent
person and he has been falsely implicated in this matter. He has been made
accused in this offence, only on the basis of memorandum given by co-accused
persons, but nothing has been recovered from the possession of applicant.
Applicant has no criminal antecedent. He is a permanent resident of District
Guna. Other co-accused Anil, Ravi and Pankaj have been enlarged on bail by
this Court vide order dated 06.10.2023, 06.10.2023 and 26.10.2023 passed in
MCRC Nos.44448/2023, 44778/2023 and 47438/2023 in the similar
circumstances. Final conclusion of trial will take considerable long time. Hence,
he prays that the applicant be released on anticipatory bail.
4. Per-contra, learned counsel for respondent/State opposes the bail
application and prays for its rejection. However, he fairly admits that applicant
has no criminal background.
5. Perused the case diary as well as the impugned order passed by the
court below.
6. Considering all the facts and circumstances of the case, arguments
advanced by both the parties, nature and gravity of allegation and also taking
note of the fact that present applicant has been made accused in this case on the
basis of memorandum given by co-accused under Section 27 of Evidence Act,
but nothing has been recovered from his possession; applicant has no criminal
background; other co-accused persons have been enlarged on bail by this
Court in the similar circumstances and that final conclusion of trial will take long
sufficient time, I deem it proper to release the applicant on anticipatory bail.
7. Accordingly, without commenting on the merits of the case, the
application is allowed. It is directed that in the event of applicant's arrest, the
applicant be released on anticipatory bail upon his furnishing a personal bond in
the sum of Rs.70,000/- (Rupees Seventy Thousand Only) with one solvent
surety of the like amount to the satisfaction of the 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.
8. However,concerning police authorities are directed to ensure the
necessary compliance of judgment dated 31.07.2023 passed by Hon'ble the
Apex Court in Criminal Appeal No.2207/2023 (Mohd. Ashfaq Alam Vs.
State of Jharkhand and Others) regarding applicability of the provisions of
Section 41 of Cr.P.C.
Certified copy as per rules.
(ANIL VERMA)
JUDGE
Anushree
