Madhya Pradesh High Court
MCRC/22771/2015 of DEVI SINGH Vs THE STATE OF MADHYA PRADESH on 31 December 2015
THE STATE OF MADHYA PRADESH) 31-12-2015 Shri B.J.
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MCRC-22771-2015
(DEVI SINGHVs THE STATE OF MADHYA PRADESH)
31-12-2015
Shri B.J. Chourasiya, Advocate for the applicant.
Shri Prakash Gupta, Panel Lawyer for the respondent-State.Heard on admission.
Admit.
Case diary is not available but copy of the charge sheet is madeavailable for consideration of this case.
With the consent of the parties the case is heard finally.
This is the first bail application filed by the applicant underSection 439 of the Cr.P.C. for grant of bail.
The applicant is in custody in connection with Crime No.31/2015,registered at Police Station Vajna, District Chhatarpur, for theoffence punishable under Section 34(2) of M.P. Excise Act.Learned counsel for the applicant submits that he has falsely beenimplicated in the case. It is further submitted by the learnedcounsel for the applicant that there is no legal or admissibleevidence against the applicant. The offence is triable by theMagistrate of First Class. The applicant is in custody since17.11.2015, having no criminal antecedents. In view of theaforesaid, prayer is made to enlarge the applicant on bail.
On the other hand, learned Panel Lawyer for the respondent-Statehas vehemently opposed the application for grant of bail.
Looking to the facts and circumstances of the case, withoutexpressing any view on merits of the case and considering theaverments made by learned counsel for the parties, theapplication under Section 439 of Cr.P.C. may be accepted.
Consequently, it is hereby allowed.
It is directed that the applicant- Devi Singh be released onbail on furnishing a personal bond in the sum of Rs.20,000/-(Rupees Twenty Thousand only) with one solvent surety in thelike amount to the satisfaction of the Committal Court/trial Courtto appear before the concerned Court on the dates given by theconcerned Court during trial.C.C. as per rules.
(SUBHASH KAKADE)JUDGE