Ashish Tomar vs The State Of Madhya Pradesh
2023 Latest Caselaw 1576 MP

                                                             1
                           IN     THE         HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                ON THE 27 th OF JANUARY, 2023
                                             MISC. CRIMINAL CASE No. 1512 of 2023

                          BETWEEN:-
                          ASHISH TOMAR S/O SHRI RAMHANSH SINGH TOMAR,
                          AGED ABOUT 38 YEARS, OCCUPATION: PVT .NOKRI
                          INDRA NAGAR BHUSA KI TAL CHAR SAHAR KA NAKA
                          HAJIRA DISTRICT GWALIOR (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (BY SHRI RAJEEV SHRIVASTAVA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH INCHARGE POLICE
                          STATION P.S INDARGANJ DIST. GWALIOR (MADHYA
                          PRADESH)

                                                                                       .....RESPONDENT
                          (BY SHRI G.P.CHAURASIA - PUBLIC PROSECUTOR).

                                 This application coming on for hearing this day, the court passed the
                          following:
                                                              ORDER

The applicant has filed this eighth application under Section 439 of CrPC for grant of bail who has been arrested on 09.04.2021 in connection with Crime No.196/2021 registered at Police Station Indarganj District Gwalior, for offence under Section 8/18 of NDPS Act. Earlier bail applications were dismissed as withdrawn. Seventh bail application was dismissed as withdrawn with liberty to file copies of the judgments which have already been passed in the previously instituted case.

As per prosecution story, on 09.04.2021 police Indarganj District Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 1/27/2023 3:38:56 PM

Gwalior seized 19 grams of smack from the possession of applicant on the suspicion that it is unfit for human consumption. After investigation, charge- sheet has been filed.

Learned counsel for the State opposed the application and prayed for its rejection.

Both the Advocates are heard. Case diary perused. Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes cash security of Rs.25,000/- along with bail bond of

Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date. In case of any default, cash security of Rs.25,000/- shall be forfeited without giving any notice.

A copy of this order be sent to the concerned trial Court for information and compliance.

CC as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 1/27/2023 3:38:56 PM