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2014 DIGILAW 813 (MP)

Abdul Vasim v. State of M. P.

2014-07-11

D.K.PALIWAL

body2014
JUDGMENT D.K. Paliwal, J. 1. Heard. 2. This is the first bail application filed by the applicant under Section 438 of the Cr.P.C. for grant of anticipatory bail. 3. The applicant is apprehending his arrest in connection with Crime No. 273/2013 registered at P.S. Dharnavada, District Guna for the offence punishable under sections 34(2) of M.P. Excise Act and under Section 11(A) of Pashu Krurata Adhiniyam. 4. As per the prosecution case, during checking near railway gate Truck bearing No. MP-08-GA-1367 was signalled to stop but driver of the vehicle started running away. The Police force followed the truck and stopped. After checking eight buffaloes and two Cans containing 55-55 litres country made liquor were found. There was no license. The driver disclosed his name Mehboob and the conductor disclosed his name Shahid Khan. During investigation it was disclosed that the liquor as well as the truck belongs to Abdul Vasim. 5. It is submitted by learned counsel for the applicant that applicant has falsely been implicated. He has not committed any offence. He is not named in the FIR. The applicant is engaged in selling of buffaloes. He has purchased the buffaloes. It is further submitted that he was not present at the spot. The buffaloes were released on Supurdgi and the applicant has taken the buffaloes on Supurdgi on 1.11.2013. Till then no case was registered against the applicant. It is submitted that concerning Police has demanded Rs. One lac and also snatched Rs. 35,000/- from him. The complaint has lodged to SP, Guna, then false case has been registered against him. 6. The prayer is opposed by the learned Public Prosecutor. 7. Case diary perused. It appears that in the report the applicant is not named. The applicant has been involved in the case on the basis of the memorandum of the co-accused Shahid. It appears that in the memorandum it has been added later on that Vasim has given liquor in two Cans and eight buffaloes at Guna. From the naked eyes it appears that this has been added later on. Considering the allegation against the applicant and the aforesaid facts, this application is allowed and it is directed that in the event of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rs. From the naked eyes it appears that this has been added later on. Considering the allegation against the applicant and the aforesaid facts, this application is allowed and it is directed that in the event of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with a surety bond in the like amount to the satisfaction of Arresting officer/competent Court. The applicant shall make himself available for interrogation by a police officer as and when required and he will co-operate in the investigation. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C. 8. This order shall remain operative for a period of sixty days and during this period the applicant is free to move the regular bail application before the concerned Court. 9. C.C. as per rules.