Charan Singh Kushwah vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard. The applicant has filed this second application u/S 439, Cr.P.C. for grant of bail. The first bail application was dismissed on merits vide order dated 03/07/2019 passed in M.Cr.C No. 24673/2019.

The applicant has been arrested on 15.03.2016 by Police Station Biloua, District Gwalior, in connection with Crime No.49/2019 registered in relation to the offence punishable under Sections 420, 467, 468, 470, 471 and 34 of IPC.

Prosecution story, in short, is that an information was received by the Mining Department on 25.03.2019 to the effect that owner Mukesh Sharma of Ganga Bhojnalaya along with 7-8 persons are preparing forged documents inside the room. On searching the premises, all these persons were found inside the room with the computers/laptop and were preparing royalty receipts for Blackstone (Gitti). On the aforesaid basis, crime has been registered.

Learned counsel for the applicant submits that the applicant has been falsely implicated on the basis of illwill and is in custody since 15.03.2019. It is further submitted that the applicant is an innocent person. Charge-sheet has been filed. No further custodial interrogation is required. No overtact has been assigned to the applicant. It is further submitted that not a single independent witness has been examined by the prosecution. No ingredients of the alleged offences are attracted. The trial will take time and the applicant is ready to abide by all the terms and conditions as may be imposed by this Court. There is no likelihood of his absconsion if released on bail. On these grounds, he may be released on bail.

Learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with two local solvent sureties in the like amount to the satisfaction of the concerned trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the Court concerned for compliance.

C.c. as per rules.