LAWS(MPH)-2019-12-149

SHIVENDRA SINGH TOMAR Vs. STATE OF MADHYA PRADESH

Decided On December 06, 2019
Shivendra Singh Tomar Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Learned counsel for the rival parties are heard. The applicant has filed this first application u/S. 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Civil Lines, District Morena in connection with Crime No. 659/2019 registered in relation to the offences punishable u/S. 420, 511, 384/34 of IPC.

(2.) Allegations against the applicant, in short, are that the applicant along with co-accused impersonating themselves as CBI officer demanded Rs. 40 lakhs illegally from the complainant.

(3.) Learned counsel for the applicant submits that applicant aged 20 years is a reputed citizen of the locality, who has no criminal antecedents and he has been falsely implicated in the present case. Nothing has been recovered from the applicant. The charge sheet has since been filed and further custodial interrogation of the applicant may not be necessary. It is further submitted that unless the property is delivered to the accused persons pursuant to threat, no offence of extortion was made out and FIR for offence under section 384 of IPC could not have been registered. The applicant is in custody since 11/11/2019 and early conclusion of the trial is bleak possibility and prolonged pretrial detention is an anathema to the concept of liberty. On these grounds, applicant prays for grant of bail.