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Madhya Pradesh High Court · body

2015 DIGILAW 781 (MP)

Santosh Kumar Gupta v. State of M. P.

2015-07-31

N.K.GUPTA

body2015
ORDER 1. Heard learned counsel for the parties. 2. The applicant has an apprehension of his arrest in Crime No.211/2015 registered at Police Station Kotwali, District Anuppur for offence punishable under sections 34(2) and 42 of the M.P. Excise Act. 3. Learned counsel for the applicant submits that applicant is reputed citizen of the locality, who has no criminal past alleged against him. There is no allegation against the applicant that any contraband liquor was found with the applicant. Liquor was found only with Kuvendra and Santram who, have stated that they have brought the liquor from the applicant. However, their memo under section 27 of the Evidence Act is not applicable against the applicant according to the provisions of section 24 of the Evidence Act and therefore, there is no evidence against the applicant to connect him with the case. No prohibition of section 59A of the M.P. Excise Act shall be applicable in the present case. Police is unnecessarily harassing the applicant without any substantial reason. Consequently, he prays for bail of anticipatory nature. 4. Learned Panel Lawyer opposes the application. 5. Keeping in view the submissions made by learned counsel for the applicant and the facts and circumstances of the case, I am of the view that this is a fit case for grant of anticipatory bail to the applicant. Consequently, this application under section 438 CrPC is hereby allowed. 6. It is directed that in the event of arrest, applicant Santosh Kumar Gupta shall be released on bail on furnishing a personal bond in the sum of Rs.30,000/- (Rupees thirty thousand) with one solvent surety in the like amount to the satisfaction of the Arresting Authority (Investigation Officer). 7. The applicant shall make himself available for interrogation by a police officer as and when required. The applicant shall further abide by the conditions enumerated in sub-section (2) of section 438 of CrPC. 8. This order shall remain in force for a period of 60 days and in the meanwhile, if the applicant so desires, may move an application for regular bail before the competent Court. 9. Bail under section 438 of the CrPC is given for a limited period so that the evidence received against the applicant during further investigation may be considered by the concerned Court, who, shall consider his application under section 437 or 439 of the CrPC.