AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
21 paragraphs · 404 wordsArun 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 05.07.2021 in connection with Crime
No.502/2021 registered at Police Station Nepanagar, District Burhanpur (MP) for the offence punishable under Sections 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. Co-accused person has
already been granted bail by this Court vide order dated 13.07.2021 passed in M.Cr.C.No.33064/2021. There is no direct evidence available against
the applicant. The applicant is in custody since 05.07.2021. 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 be released
on bail on his furnishing a personal bond in the sum of Rs.1,00,0 (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.