High CourtsSingle Bench

Pankaj Sharma vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 8 September 2023 · Citation: (2023) 09 MP CK 0042

HON’BLE JUDGES
Satyendra Kumar Singh, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Indian Penal Code, 1860 — Section 34, 420, 467, 468, 471
RESULT
Allowed/Disposed Of
CASE NUMBER
Miscellaneous Criminal Case No. 39881 Of 2023
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Judgment

11 paragraphs · 366 words

Satyendra Kumar Singh, J

1.

Case diary is available.

2.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 10.8.2023 in connection with Crime No.810/2023 registered at Police Station City Kotwali, District Morena for the offence punishable under Sections 420, 467, 468, 471, 34 of IPC.

3.

Prosecution story, in brief is that on 10.8.2023 at about 18:00 hours the applicant being owner of Latest Zone Computer in connivance with other co-accused persons prepared forged and fabricated Aadhar Cards for the purposes of getting mobile SIMs on fake names.

4.

Learned counsel for the applicant submits that it has not been brought on record that the applicant obtained any SIM from any SIM operator on fake name. No one has complained against the applicant with regard to the alleged offence. No offence is made out against the applicant. The applicant has falsely been implicated in the matter. The applicant is in custody since 10.8.2023. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

5.

Learned counsel for the respondent/State has vehemently opposed the prayer and prayed for its rejection.

6.

Heard the learned counsel for both the parties.

7.

Having considered the rival submission, material pointed out by the learned counsel for the applicant, nature of allegations so also the material produced on record, without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence the application is allowed.

8.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the concerned 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. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

9.

This application is allowed and stands disposed of.

Certified copy, as per Rules.