JUDGMENT Rajeev Kumar Dubey, J. - Heard with the aid of case diary. 2. This is first application filed under Section 438 of the Cr.P.C. as applicant Pushpendra Dangi @ Bhaiyan apprehends his arrest in connection with Crime No.237/2019 registered at Police Station Simariya, District Panna for the offence punishable under Section 34(2) of the M.P. Excise Act. 3. As per prosecution case on 07/10/2019 on the information of informant Police stopped the car bearing registration No.UP/93-W/0436, which was being driven by co-accused Brajesh Yadav and co-accused Lachhu Kushwaha and another co-accused, who fled away from the spot were traveling in that car and seized 107 bulk liter country made liquor from their possession, which was illegally being carried by them in that car. It is alleged that the seized wine belongs to the applicant and co-accused transported that wine on behest of the applicant. 4. Learned counsel for the applicants submits that the applicant is innocent and has falsely been implicated in the offence. It is further submitted that there is no direct evidence on record to connect the applicant with the crime. Police only on the basis of memorandum of co-accused implicated the applicant with the crime, while the confessional statement to police cannot be accepted as legal evidence against the applicant in the absence of any other incriminating piece of evidence. The applicant is ready to cooperate in the investigation. In the event of arrest, his reputation will be ruined. Under these circumstances, applicant prays for anticipatory bail. 5. Learned counsel for the respondent/State opposed the prayer and submitted that sufficient evidence is available against the applicant to connect him with the crime. So, looking to the provisions of Section 59-A of the MP Excise Act, the applicant should not be released on anticipatory bail. 6. Looking to the facts and circumstances of the case and the fact that there is no direct evidence on record to connect the applicant with the crime. Police only on the basis of memorandum of co-accused implicated the applicant with the crime, without commenting on the merits, this application under section 438 of the Cr.P.C. is allowed. 6. Looking to the facts and circumstances of the case and the fact that there is no direct evidence on record to connect the applicant with the crime. Police only on the basis of memorandum of co-accused implicated the applicant with the crime, without commenting on the merits, this application under section 438 of the Cr.P.C. is allowed. It is directed that in the event of arrest of applicant by the Police in the aforesaid crime, the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the Arresting officer (Investigating Officer) for his regular appearance before the Police during the investigation or before the Court during trial. 7. This order will remain operative subject to compliance of the following conditions by the applicant : 1. The applicant will comply with all the terms and conditions of the bond executed by him; 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 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 which he is accused; 5. The applicant will not seek unnecessary adjournments during the trial; and 6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. C.C. as per rules.