Amit Kumar Ahuja vs State Of Madhya Pradesh

Vishal Dhagat, J

This is the first bail application filed on behalf of the applicant under Section 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 Sections 419 and 420 of IPC, Section 3/4 of Public Gambling Act and Section 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 Section 420 of IPC will not be made out. It is further submitted that offence under Section 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.

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 Section 467 of IPC. Applicant is also having criminal record of 3 cases. In these circumstances, applicant may not be released on bail.

Heard the counsel for the parties.

No valuable security has been forged by applicant.

6 . Considering aforesaid circumstances and nature of offence under Section 3/4 of Public Gambling Act, bail application filed by applicant is allowed on conditions that applicant will mark his presence before local police station on 1st of every month till completion of trial.

It is directed that the applicant shall be released on bail on furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with two solvent sureties in the like amount to the satisfaction of the trial Court concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.

The applicant shall also abide by the following conditions of Section 437(3) of Cr. P. C. as under:-

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

Certified copy as per rules.