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 19.10.2023. A s per the case of prosecution, B.S. Sikarwar submitted a typed complaint to SHO, Police Station Maharajpura, District Gwalior that on 25.07.2023 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 sold for 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 said Ramesh Patel, he has transferred Rs.50,000/- to mobile Phone No.9893554868 of 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 him of 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 Vikas Goswami was arrested on 19.10.2023. He is in custody ever since. Co-accused Pramod Kuswah 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 money was transferred to the account of applicant. Despite conclusion of investigation, no evidence connecting the applicant to the alleged offence is available in the final report except oral statement of complainant. No test identification parade was conducted. Applicant is permanent resident of Bamore, District Morena. Applicant is aged around 22 years and prosecuting studies and also working as agricultural labourer. 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 young applicant. Trial would take time to conclude. Learned Counsel further submits that co-accused Pramod Kushwah has been granted bail by this Court vide order dated 06/02/2024 passed in MCRC No.53609 of 2023 and case of applicant is identical to that of co-accused Pramod Kushwah. 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 two offence of similar nature against the applicant.

In reply, learned counsel for the applicant submits that applicant has been extended benefit of anticipatory bail in one matter and the other matter has been amicably settled. 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 regard being had to the young age of the applicant, but without commenting on merits of the case, this Court is inclined to release