LAWS(MPH)-2024-5-121

AMIT KUMAR AHUJA Vs. STATE OF MADHYA PRADESH

Decided On May 24, 2024
Amit Kumar Ahuja Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This is the first bail application filed on behalf of the applicant under Sec. 439 of the Cr.P.C. for grant of regular bail relating to FIR No. 135/2024, registered at Police Station-Saman, District Rewa (M.P.) for the offences punishable under Ss. 419 and 420 of IPC, Sec. 3/4 of Public Gambling Act and Sec. 34(1) of M.P. Excise Act.

(2.) Learned Senior Counsel appearing for the applicant submitted that there is no inducement by applicant on basis of which immovable property or money or any valuable has been transferred to applicant. It is submitted that Shivam Gupta has himself come for betting and has lost his money in betting games. Offence under Sec. 420 of IPC will not be made out. It is further submitted that offence under Sec. 3 and 4 are punishable upto 1 years of imprisonment. Custodial investigation of applicant is over and he is in jail. In these circumstances, applicant be released on bail.

(3.) Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that applicant was using SIM cards, which were issued in name of other persons, therefore, he has committed offence of forgery under Sec. 467 of IPC. Applicant is also having criminal record of 3 cases. In these circumstances, applicant may not be released on bail.