The court considered the period of custody, completion of investigation, and the absence of the need for further custodial interrogation in granting bail to the applicant.

JUDGMENT

Vivek Rusia, J. - This is second application filed under Section 439 of Cr.P.C. by the applicant who is in custody since 25.04.2022 in connection with Crime No.08/2022, registered at Police Station Crime Branch Indore for the offence punishable under Sections 419,420,467 and 468 of IPC

2. As per prosecution story, the allegation against the applicant is that he with an intention to commit cheating prepared forged rin pustika and presented the same at the time of furnishing bail bonds and surety of co-accused persons.

3. Learned counsel for the applicant submits that he has been made accused on the basis of the memorandum under Section 27 of the Indian Evidence Act of co-accused Prakash, who was found with forged rin pustika. This applicant was not found in the Court. He is owner of the land for which the rin pustika was recovered from his possession and another case was registered against him at crime no.450/2019 in which he has been granted bail by this Court vide order dated 25.01.2022 in M.Cr.C.No.45187/2021. He remained in custody for almost one year in that case and in this case he has completed nine months custody. Investigation is over and charge sheet has been filed and no further custodial interrogation is required. All the documents have been seized.

4. Per contra learned counsel for the State opposes the bail application and prays for its rejection by submitting that he is an habitual offender and there are 12 criminal cases of IPC and Gambling Act registered against the applicant.

5. Considering the facts and circumstances of the case, period of custody, without commenting on the merit of the case, this application is allowed. The applicant is directed to be released on bail on his 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 trial Court for his regular appearance before the trial Court during the trial with a condition that he shall remain present before the Court concerned during the trial and shall also abide by the conditions enumerated under Section 437(3) of the Cr.P.C.

6. The applicant is directed to mark his presence in the concerned Police Station at 11.30 am on every Monday till conclusion of the trial. He is also directed not to furnish surety in any of the criminal case during the pendency of these two crimes.

Certified copy, as per rules.