Dushyant Singh Tomar @ Aashu vs The State Of Madhya Pradesh
2021 Latest Caselaw 8729 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.59575/2021 (DUSHYANT SINGH TOMAR @ ASHU VS. STATE OF M.P.)

Gwalior, Dated : 13/12/2021

Shri Vinod Kumar Sharma, learned counsel for the applicant.

Shri R.K.Awasthi, learned counsel for the State.

Case diary is available.

This first application under Section 439 of Cr.P.C. has been

filed for grant of bail.

The applicant has been arrested on 24/11/2021 in connection

with Crime No.423/2021 registered at Police Station Ambah, District

Morena for offence under Section 34(2) of M.P. Excise Act.

It is submitted by the counsel for the applicant that according

to the prosecution case 95.040 liters of English liquor was seized

from the vehicle of the applicant. It is submitted that the applicant

was not arrested on the spot. He has been implicated merely because

he is the owner of the vehicle. The police after completing the

investigation has filed the charge-sheet. The applicant has no

criminal history. The Trial is likely to take sufficiently long time and

there is no possibility of his absconding or tampering with the

prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State.

Considering the facts and circumstances of the case, without

commenting on the merits of the case, the application is allowed. It is

THE HIGH COURT OF MADHYA PRADESH MCRC No.59575/2021 (DUSHYANT SINGH TOMAR @ ASHU VS. STATE OF M.P.)

directed that the applicant be released on bail on furnishing a

personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with

one surety in the like amount to the satisfaction of the Trial

Court/Committal Court to appear before the Court on the dates given

by the concerned Court.

This order shall remain effective till the end of trial but in case

of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in

the case of Aparna Bhat and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

                                                                    (G.S. Ahluwalia)
Pj'S/-                                                                    Judge

         Digitally signed by
         PRINCEE BARAIYA
         Date: 2021.12.13
         14:55:45 -08'00'