CNR No.

MHNS010020482022
Order below Exh.1 in Cri. Bail Application No.523 /2022
( Anandkumar Chandrashekhar Singh applicant Vs. State )
This is application for pre­arrest bail u/s. 438 of the
Cr.P.C.

in C.R. No.210 of 2021 registered with Excise Police
Station,Nashik u/ss. 65(A)(E),81,83 & 90 of The Maharashtra
Prohibition of Liquor Act 1949.
2.
submits
The learned counsel Mr. B.G.Gore for the applicant
that, applicant is
innocent person and
concern with offence. There is
he has
no
apprehension of his arrest only
because, he is relative of accused. He is ready to abide by any of
the terms and conditions to be imposed by this Court. He has got
fix and permanent place of residence and undertakes to cooperate
investigation.
3.

Learned APP Mr. R.M. Baghdane, by filing pursis
(Exh.7) adopted say (Exh.6) filed by Investigation officer (I.O.) and
strongly objected this application.
4.

It is the case of prosecution that, when Inspector State
Excise gave signal to stop Innova 5G Car bearing No., MH05/CA
2888, its owner and driver immediately fled away by taking undue
advantage of dark. They seized liquor therefrom in large quantity
which were transported illegally for sale despite prohibition under
Law.

..2..

5.

I.O. Mr.Y.B. Patil is present. He states that, present applicant
might not been involved in the present C.R. According to applicant
he is aged 21 years. However, the accused persons who had fled
away were 30 to 35 years.

Thus, according to I.O., present
applicant is not involved in the said C.R. Consequently, custodial
interrogation of applicant is not necessary. Thus,apprehension in
the mind of applicant of being harassed, manhandled, and arrested
seems to be reasonable,warranting pre­arrest protection. In the
result, I pass the following order.
ORDER
1.

This application stands allowed.

2.
In the event of arrest in C.R. No.210 of 2021 registered with
Excise Police Station,Nashik u/ss. 65(A)(E),81,83 & 90 of The
Maharashtra Prohibition of Liquor Act 1949, the police Inspector of
the concerned police station shall
release
Anandkumar
Chandrashekhar Singh, on bail on executing personal bond of
Rs.15,000/­ with one surety in the like amount,each.
3.
The applicant shall not leave India without prior permission
of the Court.
4.
The applicant shall not tamper with
witnesses.

the prosecution
5.
The applicant shall attend the police station, as and when
called by I.O. under prior written intimation.

Date :10.05.2022.

( S.T. Tripathi)
Additional Sessions Judge­7,
Nashik.