Abdul Nouman vs The State Of Madhya Pradesh
2023 Latest Caselaw 16512 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                               ON THE 6 th OF OCTOBER, 2023
                                         MISC. CRIMINAL CASE No. 44529 of 2023

                           BETWEEN:-
                           ABDUL NOUMAN S/O ABDUL SALEEM, AGED ABOUT 23
                           Y E A R S , OCCUPATION: LABOUR R/O PARWARI
                           MOHALLA PS CITY KOTWALI DISTRICT CHHATARPUR
                           (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI JITENDRA YADAV - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION CITY KOTWALI DISTRICT CHHATARPUR
                           (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY MS. SHWETA YADAV - GOVT. ADVOCATE)

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

This is first bail application filed by the applicant under Section 438 of Code of Criminal Procedure for grant of anticipatory bail relating to FIR No.559/2023, registered at Police Station-Kotwali, District-Chhatarpur (M.P.) for the offence punishable under Section 34(2) of MP Excise Act.

2. Learned counsel appearing for applicant submitted that offence is punishable with less than seven years. In these circumstances, respondent may be directed to follow the guidelines issued in judgment passed by Apex Court in case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273. Signature Not Verified Signed by: NEETI TIWARI Signing time: 07-10-2023 12:32:52

3. Learned Government Advocate appearing for the State opposed the application for grant of anticipatory bail. It is submitted that earlier also, applicant was involved in offence under Excise Act. This is second offence, which has been committed by applicant under Excise Act. It is submitted that applicant was found in possession of 57.6 bulk litres of illicit liquor without any license and permit.

4. Heard the counsel for the parties.

5. Considering aforesaid circumstance, bail application filed by applicant i s disposed off directing Investigating Officer concerned to comply with directions issued by the Apex Court in case of Arnesh Kumar Vs. State of

Bihar reported in (2014) 8 SCC 273.

6. Applicant is directed to co-operate in investigation of case and he will appear before Investigating Officer as and when required for investigation.

7. If applicant does not cooperate in investigation of case, then the investigating officer is free to act in accordance with provisions of Criminal Procedure Code and directions issued by Apex Court in the case of Arnesh Kumar (supra).

8. With aforesaid, bail application is disposed off. Certified copy as per rules.

(VISHAL DHAGAT) JUDGE nd

Signature Not Verified Signed by: NEETI TIWARI Signing time: 07-10-2023 12:32:52