IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL ON THE 28th OF OCTOBER, 2022 MISC. CRIMINAL CASE No. 44017 of 2022 BETWEEN:- JAGDISH ARYA S/O SHRI RAM DAYAL ARYA, AGED ABOUT 45 YEARS, NEAR PARK SUBHASH NAGAR HAZIRA (MADHYA PRADESH)
.....APPLICANT (BY SHRI PRADEEP SHARMA - ADVOCATE )
AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE STATION INDERGANJ (MADHYA PRADESH)
.....RESPONDENTS (BY SHRI PRAMOD PACHOURI - PUBLIC PROSECUTOR )
This application coming on for hearing this day, the court passed the following:
ORDER
This is fifth bail application under Section 439 of Cr.P.C. filed by the applicant for grant of bail. His earlier three bail applications (M.Cr.C.Nos.5231/2022, 10617/2022, 19881/2022 and 29580/2022) were dismissed as withdrawn vide orders dated 01.02.2022, 21.03.2022, 29.04.2022 and 07.07.2022.
The applicant was arrested on 21.12.2021 in connection with Crime No.660/2021 by Police Station Indarganj, District Gwalior(MP) for the offence punishable under Sections 420,465,467,468, 471, 472, 34 of IPC. After investigation, charge-sheet has been filed.
In brief, the prosecution case is that on 21.12.2021 at 5.30 P.M., Sub Inspector of Police, Dinesh Singh of Police Station, Indarganj got a secret information that three persons having suit cases and bags and polythene in their hands in suspicious circumstances are standing near Saraf hospital. He along with force reached there. On looking to the Police party, they tried to ran away but with the help of Police they were apprehended. They disclosed their name as Ramesh Chaturvedi, Jagdish and Raju Chauhan. From the possession of Ramesh Chaturvedi, one suit case was found in which Bhu-adhikar Rhin Pustika and empty 51 blank papers were seized. From Jagdish 5 Rhin Pustika and 19 empty papers and from Raju Chouhan 4 Bhu-adhikar Rhin Pustika, 13 empty papers were seized. They were brought to the police station. Offence bearing Crime No.660/2021 under Sections 420,465,467,468, 471, 472, 34 of IPC was registered. Aforesaid documents were seized. After investigation, charge-sheet has been filed.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the case. He is in custody since 21.12.2021. After investigation, charge-sheet has been filed. Therefore, prayed for grant of bail.
Learned counsel for the State vehemently opposed the bail application and prays for its rejection.
Both the Advocates are heard. Case diary perused.
Looking to the facts and circumstances of this case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes cash security of Rs.25,000/- (Twenty Five Thousand only) alongwith bail bond in the sum of Rs.25,000/- (Rs.Twenty Five Thousand only) before the trial Court, he should be released on bail.
He will present during trial before the trial Court on each and every date.
In case of any default, cash security of Rs.25,000/- shall be forfeited without giving any notice.
Application stands allowed and disposed of.
Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
(DEEPAK KUMAR AGARWAL)
JUDGE
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