Suresh Singh Jayant vs State Of Madhya Pradesh

Sanjeev S Kalgaonkar, J

This first bail application has been filed by applicant Suresh Singh Jayant under section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.174/2023 registered at Police Station Mehgaon, District Bhind, for offence punishable under Sections 420, 467, 468, 471 and 34 of IPC.

As per the prosecution story, Gaurav Jayant and his father received money from father of Akash for securing job in Food Department at Morena. Both of them on such false pretext received Rs.2,00,000/- from father of Akash Jatav. Thereafter, Gaurav Jayant gave forged appointment letters to Akash and Vishal. He further facilitated their joining at Municipality, Morena. Thereafter, Akash Jatav came to know about cheating and forgery. He reported the matter and lodged F.I.R on 27.06.2023. Thereafter, Crime No.174/2023 for the offence under Sections 420, 467, 468, 471, 34 IPC was registered against the present applicant and other co-accused.

In addition to the grounds mentioned in the application, learned counsel for the applicants submits that the applicant has been falsely implicated in this matter. The applicant is in custody since 28.06.2023. Statements of material witnesses have been recorded. No case regarding forgery and fabrication of documents is made out against applicant. The trial would take time to complete. There is no likelihood of his absconding leaving his family. On these grounds, learned counsel prays for grant of bail to the applicant.

Per contra, learned Public Prosecutor for the respondent/State submits that Narottam in his statement recorded under Section 161 Cr.P.C. has specifically mentioned that amount of Rs.2,00,000/- for securing job of Akash was delivered to Gaurav Jayant in presence of the present applicant. His involvement in the offence is clearly revealed by the statements of the witness. The investigation is pending and other co-accused persons are absconding. Therefore, the benefit of bail may not be extended to the applicant.

Learned counsel for the complainant submits that if the applicant is released on bail, the other absconding co-accused will not be available.

Heard learned learned counsel for the parties and perused the case diary.

The investigation with regard to the present applicant is almost complete and the statements of material witnesses with regard to the present applicant have already been recorded and no custodial interrogation was undertaken against the present applicant.

Considering the arguments advanced by both the parties, without commenting on the merits of the case, this Court is inclined to grant bail to the applicant. It is hereby directed that the applicant shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Trial Court. The applicant shall abide by all the terms and conditions as enumerated under Section 437(3) of the Cr.P.C. Further, he shall not get involved in any crime of similar nature in future. The order shall be effective till the end of the trial, however, in case breach of any of the pre-conditions of bail, it shall become ineffective without reference to this Court.

Certified copy as per rules.