ORDER

This fourth bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of regular bail in relation to FIR No. 664/2022 dated 17.10.2022, registered at Police Station City Kotwali, District Khandwa (M.P.) for commission of offence under Sections 420, 467, 468, 471 of IPC. Applicant is in detention since 29.12.2022.

2. Applicant's earlier first and second bail applications were dismissed as withdrawn and not pressed vide order dated 21.02.2023 and 04.05.2023 passed in M.Cr.C. No.1534/2023 and M.Cr.C. No.15299/2023 respectively. His third bail application was dismissed as withdrawn and not pressed vide order dated 14.07.2023 passed in M.Cr.C. No.26235/2023. However, it was made clear that if trial is not concluded within a period of six months then applicant shall be at liberty to renew the prayer for bail.

3. As per the prosecution story, on 05.08.2021, Anandram S/o Gadbad appeared to furnish bail bond for accused Raja @ Raju in RCT No.2702219/2016 and RCT No. 2702139/2016 pending on the case file of Special Railway Magistrate Khandwa. He produced Bhu Adhikar Evam Rin Pustika (Akikrat) Part 1 and 2, No.KH25147. At the time of verification of bail papers, it was found that page No.15 to 20, 41 to 46 were changed and new pages were added. Same was sent for inquiry to Tehsildar Khandwa. In the course of investigation, it was found that present applicant Mahesh is having number of Rin Pustika in his possession and pages were changed and enlisted by the main accused Anandram and Mahesh Kewat. After investigation, charge- sheet has been filed.

4. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. It is submitted that applicant is in jail for last more than one year. Out of 77 witnesses, only 6 witnesses have been examined so far. Trial of the case will take considerable time. Therefore, it is prayed that applicant may be released on bail pending the trial.

5. On the other hand, learned counsel for the respondent/State has opposed grant of bail and has submitted that applicant has criminal background of 28 cases.

6. Countering the argument, it is submitted that in most of the cases, applicant has been acquitted though he has been convicted in 3 cases.

7. In this case, out of 77 witnesses, only 6 witnesses have been examined so far. Considering the detention period of the applicant and the fact that 71 witnesses are yet to depose, I am of the view that applicant may be released on bail by imposing stringent conditions. Consequently, fourth bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

8. It is directed that applicant - Mahesh be released on bail on his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lakh only) with two solvent sureties of Rs.1,00,000/- (Rupees One Lakh only) each in 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 concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

9. It is made clear that if during the period of trial applicant is found involved in the offence of similar nature, this bail order shall automatically stand cancelled. Applicant shall mention this condition in the bail papers furnished before the trial Court.

10. This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.

11. A copy of this order be also sent to Superintendent of Police, Khandwa and S.H.O. Police Kotwali, Khandwa for information. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE ak Signature Not Verified Signed by: ASHISH KOSHTA Signing time: 1/25/2024 7:05:38 PM