Firoz vs State Of Madhya Pradesh

Arun Kumar Sharma, J

This is FIRST bail application under Section 439 of the Cr.P.C. filed by the applicant who has been arrested on 17.6.2021 in connection with Crime

No.502/21 registered at Police Station Nepanagar, District Burhanpur (MP) for the offence punishable under Sections 406, 409, 420, 467, 468, 471 and

120-B of the IPC.

As per prosecution case, the allegation against the applicant is that he in connivance with other co-accused persons hatched a criminal conspiracy and

committed cheating and forgery of Rs.41,57,544/- by preparing forged and false documents in regard to disbursement of the amount of compensation

in regard to Khasra no. 190 and 194.

Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the matter. The applicant is a reputed

businessman of Dharni area and running a business of wholesale food-grains in the name and style of Raj Traders. The applicant has been made

accused only on the ground of entry made on 31.10.2020 amounting to Rs.99,976.40/- which was deposited by co-accused Imtiyaz in lieu of

purchasing gram from the applicant on 22.5.2020. There is no direct evidence available against the applicant. The applicant is in custody since

17.6.2021. Hence, the applicant be enlarged on bail.

Learned counsel for the State has opposed the bail application and prayed for its rejection.

Looking to the facts and circumstances of the case and the fact that prima-facie there is no direct evidence available against the applicant connecting

him to the alleged crime, but without commenting anything on the merits of the case, this application is allowed. It is directed that applicant Firoz be

released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac only) with two solvent sureties, one should be local, each

in the like amount to the satisfaction of the concerned trial Court for his appearance before the trial Court on all such dates as may be fixed in this

behalf by the trial Court during the pendency of trial. The applicant shall abide by all the terms and conditions enumerated under Section 437 (3) of

Cr.P.C.

 It is further directed that the applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of

the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be.

Needless to say that the concerned authority shall comply with all the guidelines and norms issued by the State Government and the Central

Government from time to time in regard to outbreak of Covid-19 pandemic disease.

Certified copy / e-copy as per rules.