Amit Kumar vs The State Of Madhya Pradesh
2021 Latest Caselaw 7453 MP

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           THE HIGH COURT OF MADHYA PRADESH
                    M.Cr.C. No.55862/2021
                 Amit Kumar Vs. State of M.P.

Gwalior, Dated : 16/11/2021

        Shri Rajmani Bansal, Counsel for applicant.

        Shri Rinkesh Goyal, Panel Lawyer for the respondent/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 16.10.2021 in connection

with Crime No.371/2021 registered by Police Station Dharnavada,

District Guna for offence punishable under Sections 420, 467, 468,

471 of IPC and under Section 3/7 of the Essential Commodities Act,

1955.

It is submitted by the counsel for the applicant that the co-

accused persons were arrested and certain bags of spurious fertilizers

have been seized from their possession. The applicant is the owner of

factory which is situated in Jaipur. The applicant has been made an

accused merely on the basis of the confessional statement made by

the co-accused which is not admissible in law. No incriminating

article has been seized from the possession of the applicant to show

that the applicant is in any manner involved in supplying or

manufacturing of spurious fertilizers. The trial is likely to take

sufficiently long time and there is no possibility of his absconding or

tampering with the prosecution case.

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.55862/2021 Amit Kumar Vs. State of M.P.

Per contra, the application is vehemently opposed by counsel

for the State. However, it is fairly conceded that except the

confessional statement of the co-accused, there is no other

incriminating material to show the involvement of the applicant in the

offence.

Considering the facts and circumstances of the case, without

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

directed that the applicant be released on bail on furnishing a personal

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

(alok)

ALOK KUMAR 2021.11.18 18:20:06 +05'30'