Vijay vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

Heard with the aid of case diary.

This is repeat second application filed under Section 439 of Cr.P.C. for grant of bail to the applicant, in connection with FIR/Crime No.15/2023, Date:-(Not mentioned) registered at P.S.- M.G. Road, District-Indore (M.P.) for commission of offence punishable under Sections 420, 467, 468 and 471 of the IPC.

First bail application of the applicant was dismissed as withdrawn vide order dated 05.07.2023 passed in M.Cr.C. No.24119/2023.

Prosecution story in brief is that applicant had forged Bhu Adhikar aur Rin Pustika and Adhar card in the name of Vijay S/o Bharat Singh and on 12.01.2023 he produce himself in the concerning court as Vijay for surety. The offence was lodged on the basis of written complaint filed by Jitendra Singh, Criminal Reader of JMFC, Indore.

Learned counsel for the applicant submits that applicant has not committed the offence and has falsely been implicated in the case. Applicant is in custody since 12.01.2023. After dismissal of first bail application of the applicant almost six months have been passed and no witness has been examined before the trial court. The conclusion of the trial will take sufficient long time for its disposal. Under these circumstances, prayer is made for grant of bail to the applicant.

On the other hand, learned counsel for the non-applicant/State has opposed the prayer of the applicant and prays for rejection of the application.

Having considered the submissions advanced from counsel for the parties, also considering the facts and circumstances, without commenting on the merits of the case, this Court is of the view that applicant deserves to be enlarged on bail. Hence, the application is allowed.

It is directed that the applicant- VIJAY be released on bail upon his/her furnishing 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 concerned trial Court for his/her appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during pendency of the trial. It is further directed that applicant shall comply with the provisions of Section 437(3) of Criminal Procedure Code, 1973.

M.Cr.C. stands disposed of, accordingly.

C.c. as per rules.