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2024 Supreme(Online)(MP) 4218

IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

ON THE 15th OF MAY, 2024

MISC. CRIMINAL CASE No. 20077 of 2024

BETWEEN:-

SACHIN @ LALLA Y

ADA

V S/O SHRI VIJENDRA Y

ADA

V

,

AGED 34

YEARS, R/O VILLAGE BADAGAON POLICE

STATION MORAR, DISTRICT GW

ALIOR (MADHY

A

PRADESH)

.....APPLICANT

(SHRI VIKASH BARUA- ADVOCATE)

AND

STATE OF MADHY

A PRADESH THROUGH POLICE

STATION

BIJOLI

DISTRICT

GW

ALIOR

(MADHY

A

PRADESH)

.....RESPONDENT

( SHRI PRAMOD KUMAR PACHORI - PUBLIC PROSECUTOR)

This application coming on for hearing this day, the court passed the

following:

Advocates:
Vikash Barua,Advocate General

ORDER

This first application has been filed by applicant under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.118 of 2024 registered at Police Station Bijoli, District Gwalior (M.P.) for offence punishable under Sections 489-C, 489-B and 489-D of IPC. Applicant is in judicial custody since 23-04-2024.

As per the case of prosecution, ASI Santkumar Tomar of Police Station Bijoli, Gwalior intercepted one person on secret information at village Berja on 21.04.2024. On search of Dharamveer @ Dhamma (the suspect), 18 currency notes of denomination of Rs.100/- and 42 currency notes of denomination of Rs.50/- were found, which were suspected to be counterfeit currency.

Dharamveeer was arrested on spot. Police Station Bijoli registered FIR at Crime No.118/2024 for offence punishable under Sections 489-C, 489-B and 489-D of IPC against Dharamveer. Dharamveer in his statement recorded under Section 27of the Evidence Act informed that counterfeit currency was given to him by Sachin @ Lalla (present applicant). Accordingly, Sachin was taken into custody. Two currency notes of denomination of Rs.100/- and five currency notes of denomination of Rs.50/-, which were suspected to be counterfeit were recovered from his possession. One colour printer of Samsung Company was also recovered at his instance. Relevant seizures have been made. Applicant was arrested on 23.04.2024. He is in custody ever since. Investigation is underway.

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 suspicion. Applicant is aged around 26 years and is Labourer by profession. He is sole bread earner of the family, therefore, there is no likelihood of absconsion leaving his family and home. No criminal antecedent is reported against the applicant. No further custodial interrogation is needed in the matter. There is no likelihood of tampering with evidence. Jail incarceration is causing hardship to the applicant. Trial would take time to conclude. 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.

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 application is allowed.

Accordingly, it is directed that applicant - Sachin @ Lalla shall be released on bail in relation to Crime No.118 of 2024 registered at Police Station Bijoli, District Gwalior (M.P.) for offence punishable under Sections 489-C, 489-B and 489-D of IPC, upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions,: (For convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):-

    (1) Applicant shall remain present on every date of hearing as may be directed by the concerned court;
    (1) vkosnd lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxkA (2) Applicant shall not commit or get involved in any offence of similar nature;
    (2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxkA (3) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the police officer;
    (3) vkosnd izdzj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr gksA (4) Applicant shall not direct
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