Devnarayan Mishra, J
1. This is the first application filed by the applicant under Section 482 of Bharatiya Nagrik Suraksha Sanhita, 2023, seeking anticipatory bail in connection with Crime No.145/2025 registered at Police Station Agasod, District Sagar, for the offence punishable under Section 34(2) of M.P. Excise Act.
2. Learned counsel for the applicant has submitted that nothing has been recovered from the possession of this applicant. The alcohol was recovered from the vehicle bearing registration No.MP-04-TA-2957 and other co-accused persons have been granted regular bail. The registered owner of the vehicle is stated to be one Jitendra, who is the father of Tushar and thus, this applicant is not related with the vehicle or with the other co-accused persons and the on the basis of memorandum of co-accused persons, the police is trying to arrest the applicant, hence, the applicant be given the benefit of anticipatory bail.
3. Learned counsel for the respondent/State has opposed the anticipatory bail application and has submitted that no case of anticipatory bail is made out, hence, the applicant is not entitled to be released on anticipatory bail.
4. Heard the parties and perused the case diary.
5. Looking to the fact that applicant has no criminal record. Nothing has been recovered from the possession of this applicant, thus, this Court deems it appropriate to allow the application. Thus, without commenting anything on the merits of the case, the application is allowed.
6 . It is directed that in the event of arrest the applicant shall be enlarged on bail on furnishing a personal bond in a sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Arresting Officer for his appearance before it during the course of investigation or before the trial Court concerned during trial, as the case may be.
7 . It is further directed that the applicant shall abide by all the conditions as enumerated under Section 482(2) of BNSS.
8. Accordingly, the application stands disposed of. Certified copy as per rules.
