MCRC/14140/2015 of AMIT SINGH TOMAR Vs THE STATE OF MADHYA PRADESH on 31 December 2015

M.Cr.C. No.14140/2015

(Amit Singh Tomar Vs. State of M.P.)

31.12.2015

Shri B.S. Gaur, Advocate for the applicant.

Shri B.K. Sharma, Government Advocate for therespondent/State.

Heard.

Case-diary is perused.

This is first application under section 439 Cr.P.C., Theapplicant is in custody since 12.12.2015 as regards crimeNo.641/2015 registered at Police Station City Kotwali DistrictBhind for the offence punishable under section 34(2) of theM.P.Excise Act.

As per prosecution story, the applicant was found inillegal possession of more than more than 50 bulk litres ofcountry made liquor.

Learned counsel for the applicant contended that theapplicant is innocent and falsely implicated in the crime. Noother criminal case has been registered against theapplicant. The applicant is not required for furtherinvestigation. On these grounds learned counsel prays thatthe applicant may be enlarged on bail.

Learned Public Prosecutor opposes the applicationand prayed for its dismissal.

Considering the submissions made by learned counsel sh/- M.Cr.C. No.14140/2015

for the parties and looking to the facts and circumstances ofthe case including the gravity of offence, without expressingany view on the merits of the case, in my opinion applicationunder Section 439 of Cr.P.C. filed by the applicant deservesto be and is accordingly allowed.

It is directed that present applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with a solvent surety of thelike amount to the satisfaction of the trial Court for hispersonal appearance before the trial Court on the datesgiven by the concerned Court and also comply with theconditions enumerated under Section 437(3) of Cr.P.C., This order shall be effective till the end of trial but incase of bail jump, it shall become ineffective.

Certified copy as per rules.

(Rohit Arya)

V. Judge