MADHURAJ SINGH TOMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this First application u/S 439, Cr.P.C. for grant of bail.

(2.) The applicant has been arrested by Police Station Ambah, District Morena in connection with crime No. 473/2022 registered for the offence punishable under Sec. 188 of IPC, 34 (2) of Excise Act and sec. 27 of Arms Act.

(3.) Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated in the present case on the basis of political rivalry as his wife is contesting election of Panchayat counsellor. He further argued that applicant is the only earning member of his family. He further argued that present applicant has been arrayed as accused in the present case only on the basis of memorandum of co-accused Rohit Singh Kushwah, which has no evidentiary value. He further argued that co-accused Rohit Singh Kushwah has already been enlarged on bail by the trial court. He further argued that cartridges of gun seized from the house of the applicant belong to his father, who is having licensing gun with a valid license. He further argued that the criminal cases registered against the applicant only on the basis of political rivalry forming criminal antecedents, in which, the applicant has already been acquitted. The present case is triable by the Judicial Magistrate First Class. The applicant is permanent resident of District Morena. He further argued that applicant is in custody since 05/07/2022 and conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant.