ORDER

This first bail application has been filed by applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.633/2023 registered at Police Station Maharajpura, District Gwalior(M.P.) for offence punishable under Sections 419, 420, 467, 468, 471 and 120-B of IPC. The applicant is in judicial custody since 18.10.2023.A s per the case of prosecution, B.S. Sikarwar submitted a typed complaint to SHO, Police Station Maharajpura, District Gwalior that on25.07.2023 inter alia alleging forgery and cheating by impersonation. It is stated in the complaint that on 15.10.2022, one Manoj Goswami approached him with proposal to purchase land in Survey No.117 at Village Bhadroli belonging to Ramesh Patel S/o Sevaram Patel. Next day, Manoj introduced him to one person impersonating as Ramesh Patel and Akash Goswami. Akash Goswami identified Ramesh Patel. Thereafter, it was agreed that the land would be soldfor consideration of Rs.18,00,000/-. On 24.10.2022, an agreement was executed between him and the person impersonating as Ramesh Patel, another person impersonating as Ravi Kuswah was also present. At the instruction of saidRamesh Patel, he has transferred Rs.50,000/- to mobile Phone No.9893554868of Ravi Kuswah. Thereafter, all the persons fled away. He came to know that Vikas Goswami impersonating as Ramesh Patel and Pramod Kuswah impersonating as Ravi Kuswah along with other co-accused have cheated himof Rs.5,00,000/-. On such allegations, Police Station Maharajpura, District Gwalior registered FIR at Crime No.633/2023 for offence punishable under Sections 419, 420, 467, 468, 471 and 120-B of IPC. Applicant Pramod Kuswahwas arrested on 18.10.2023. He is in custody ever since. Co-accused Vikas Goswami and Akash Goswami were also arrested. Their statements under Section 27 of the Evidence Act were recorded. On completion of investigation,final report was submitted on 25.07.2023, pending investigation against absconding accused Manoj Goswami under Section 173(8) of CrPC.

Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant has falsely been implicated in this matter merely on the basis of suspicion. Learned counsel contends that no evidence is available against the applicant that he has impersonated as RaviKuswah. The alleged Mobile No.9893554868 does not belong to applicant and no money was transferred to the account of applicant. Learned counsel referring to various applications submitted to the Superintendent of Police, Gwalior submits that as he became aware of the allegations, he himself proposed fair investigation, but despite conclusion of investigation, no evidence connecting the applicant to the alleged offence is available in the final report. No test identification parade was conducted. Applicant is permanent resident of Bamore, District Morena. Applicant is aged around 29 years and is Agriculturist by profession. He is sole bread earner of the family, therefore, there is no likelihood of his absconsion leaving his family, home and agricultural property.

There is no likelihood of tampering with the evidence by the applicant. Jail incarceration is causing hardship to the applicant. Trial would take time toconclude. Therefore, applicant may be extended the benefit of bail. Per contra, learned Counsel for the State opposes the bail application on the ground of gravity of alleged offence and cites criminal history of another offence of similar nature against the applicant.

In reply, learned counsel for the applicant submits that applicant is incustody in other offence. The other offence relates to the year 2023. He has never been convicted.

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

Considering the arguments advanced by both the parties and overall circumstances of the case, but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the applic