HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE VISHAL DHAGAT, J
Peetam Bai Meena – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC 13315/2024
This is first bail application filed by applicant under Section 439 of Cr.P.C. for grant of regular bail relating to FIR No.154/2024 registered at Police Station-Mandla, District-Mandla (M.P.) for the offence under Sections 419, 420, 467, 468, 471 and 120-B of Indian Penal Code.
2 . Learned senior counsel appearing for the applicant submitted that offence under Section 467 of IPC is not made out against the applicant. As per prosecution story, applicant is said to have forged admit card by replacing her photograph with that of another candidate who appeared in examination for applicant. It is submitted that admit card is no valuable security, therefore, offence committed by applicant will not fall within definition of 467 of IPC.
Rest of the offences are punishable up to seven years of imprisonment.
Applicant is a woman aged about 30 years and she is in jail since 13.03.2024. In these circumstances, applicant be released on bail.
3. Learned Government Advocate appearing for the State opposed the bail application. It is submitted that there is chances that applicant may abscond from law. Government Advocate raised apprehension that applicant may not be available for trial as brother of applicant is absconding from law.
4. Heard the counsel for the parties.
5. Prosecution is at liberty to take action against absconding accused person and attached their properties in accordance with law. Apprehension that applicant will abscond from law is not based on any facts, but only suspicion of prosecution agency. Other offences are punishable up to seven years of imprisonment. Applicant was taken on police remand and has been sent to jail in judicial custody. Applicant is a woman aged about 30 years. 6 . Considering aforesaid circumstances, bail application filed by the applicant is allowed on following condition:
7. With aforesaid condition, applicant shall be released on bail on her furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with two solvent sureties in the like amount to the satisfaction of the trial court for her regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.
8. The applicant shall also abide by the following conditions of Section 437(3) of Cr. P. C. as under:- (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;
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