Citation : 2022 Latest Caselaw 5474 MP
Judgement Date : 13 April, 2022
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.18820/2022
Raju Singh Tomar vs. State of M.P.
Gwalior, Dated : 13/04/2022
Shri VPS Tomar, Counsel for the applicant.
Shri P.P.S. Vajeeta, Counsel for 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 30.3.2022 in connection with
Crime No.110/2021 registered at Police Station Sihoniya, Ambah,
District Morena for offence under Section 34(2) of Excise Act.
It is submitted by the counsel for the applicant that according to
the prosecution case, a car was stopped and the driver of the said car
ran away after taking advantage of the darkness. The registration
certificate as well as the driving license of the driver of the car was
seized from the car itself. The driving license was of one Manjeet
Singh whereas the vehicle belongs to co-accused Unis Khan. The
applicant has nothing to do either with the car or with seized vehicle.
The applicant was not arrested from the spot and he has been
implicated merely on the verbal information given by co-accused Unis
Khan that he had sold the car to the applicant whereas neither the
vehicle was transferred in his name nor any document to show the
transfer of the vehicle has been executed.
Per contra, the application is vehemently opposed by the
counsel for the respondent/State.
Considering the allegations and without commenting on the
THE HIGH COURT OF MADHYA PRADESH MCRC No.18820/2022 Raju Singh Tomar vs. State of M.P.
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 2022.04.13 15:07:15 +05'30'
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