Balram S/O Shakarlal Yadav vs State Of M.P

Vivek Rusia, J

This is first application under section 439 Cr.P.C seeking bail in connection with Crime No.207/21 registered at police chowki Nisarpur, PS Kukshi,

Dhar for the offence under sections 467, 468, 471, 472, 420, 201 IPC.

The applicant is in jail since 12.6.2021.

As per prosecution case, complainant Janki Yadav Land Acquisition and Rehabilitation Officer, Sardar Sarovar Project Kuskhi has lodged an FIR by

submitting a office letter No.3/21 dated 3rd April, 2021 that one Radha wife of Sunil had submitted a forged allotment deed of plot size 60x90 Nisarpur

Basahath for purpose of taking compensation from Land Acquisition Officer. Radha disclosed that accused Dinesh son of Narayan Patidar has

prepared the forged lease in his name. Tahsildar Kukshi with the Patwari panchayat Secretary conducted the search in the house of Dinesh and found

37 articles like seal, stamp, stamp paper, ID card and ration card etc. used for preparation of various forged documents. He was arrested and his

memorandum statement was recorded u/s 27 of the Evidence Act in which he has disclosed that he made contact with Ramkishan Yadav for

preparation of the seal of office of Land Acquisition Officer, Sardar Sarovar Project Kukshi which he got prepared from applicant. Accordingly, this

applicant has been made accused in this case and was arrested on 12.6.2021.

Learned counsel for the applicant submits that the applicant has no connection with the present crime. Dinesh Yadav approached Ramkishan Yadav

with the authority letter of the office of the Land Acquisition Officer and he has got prepared the seal through applicant and he was not aware that the

seal would be used for making forged documents and the seal making material has been recovered from the possession of the applicant.

The applicant has been implicated on the basis of 27 memo of Ramkishan Yadav. Except that police has recovered the seal making machine and seal

of the Sarpanch whereas the applicant is in the business of making seal but the seal which is used by Dinesh has been prepared in the shop of this

applicant. Nothing incriminating connecting material has been recovered by the police except the memo u/s 27.

Learned panel lawyer opposes the bail application and prays for its rejection.

Looking to the nature of allegation against the applicant and alleged complicity in the matter but without commenting on the merit of the case, the

application is allowed and he is directed to be released on bail upon his furnishing personal bond in the sum of Rs.30,000/-(rupees thirty thousand) with

one surety in the like amount to the satisfaction of the trial court for his appearance before that court during the pendency of trial and shall also abide

by the conditions enumerated u/s 437(3) Cr.P.C. It is made clear that next time he would be more careful while preparing seal and stamp of

government departments and without authority letter from the competent authority he will not make any stamps.

Before releasing the applicant from custody the jail authorities are directed to medically examine him in order to rule out the possibility of Covid-19

infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.

C.c as per rules.