ORDER

01. This is second application under Section 439 of Criminal Procedure Code, 1973. Applicant is implicated in connection with Crime No.352/2022 registered at Police Station Civil Lines, District Dewas (MP) for offence punishable under Sections 420, 465, 468 and 471 of the IPC. The applicant is in custody since 02.08.2022.

02. First application of the applicant bearing M.Cr.C. No.50814/2022 was dismissed as withdrawn by order dated 09.11.2022 with liberty to renew the prayer at an appropriate stage.

03. The allegation against the applicant is that for the purpose of furnishing surety in respect of an accused who had been enlarged on bail, he submitted Bhu-Adhikar and Rin Pustika before the Court in which alterations had been made and the fact as regards ownership of the land mentioned therein and the right in which the land was held had been tempered with. The said act was noticed by the Court itself on the basis of which report was lodged against the applicant and investigation was commenced during the course of which he has been implicated and arrested for the present offence.

04. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the case. He had no intention of committing any fraud upon the Court or any other person. The interpolations which have allegedly been made by the applicant were not any substantive interpolation from which any difference in the nature of the documents would have been made. The same was done by him under bonafide mistake and inadvertent belief that he is not committing any wrong. It is further submitted that the applicant is aged about 62 years and has been in custody since 02.08.2022. Subsequent to withdrawal of the previous application, he has undergone further custody of three months and has thus been in custody for six months. The trial is likely to take time for its conclusion. Investigation has been completed and charge-sheet has been filed, hence, further custodial interrogation of the applicant is no longer required. On such grounds prayer for grant of bail to the applicant has been made.

05. The aforesaid prayer has been opposed by the learned counsel for the respondent/State submitting that in view of the allegations levelled against the applicant, he is not entitled to be released on bail.

06. I have heard the learned counsel for the parties and have perused the case diary.

07. The allegation against the applicant appears to be of furnishing surety for an accused in a criminal case by submitting Bhu-Adhikar and Rin Pustika with respect to certain land in which interpolations were noted by the Court. The interpolations were with respect to the nature of ownership of the land. The case is based upon documentary evidence which has already been collected by the prosecution. Investigation has been completed and charge-sheet has been filed, hence, further custodial interrogation of the applicant is no longer required. Subsequent to withdrawal of the previous application the applicant has undergone a custody period of about three months and has been in custody for about six months. The trial is likely to take time for its conclusion. Thus in my opinion, the applicant deserves to be enlarged on bail.

08. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/-

(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

09. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective. Certified copy as per rules. (PRANAY