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2022 Supreme(Online)(MP) 322

IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE VIVEK RUSIA

ON THE 16th OF SEPTEMBER, 2022

MISC. CRIMINAL CASE No. 43761 of 2022

BETWEEN:-

AAKASH TANWER S/O MADHU @ MADHA

V

TANWER,

AGED

ABOUT

27

YEARS,

OCCUPATION: PRIV

ATE JOB AND FARMER

VILLAGE KAY

ASTHKHEDI, TEHSIL SANWER

AND DISTRICT INDORE (MADHYA PRADESH)

.....PETITIONER

(SHRI PRAMOD C. NAIR, LEARNED COUNSEL FOR THE

APPLICANT.)

AND

THE STATE OF MADHY

A PRADESH STATION

HOUSE OFFICER THROUGH POLICE STATION

BANGANGA INDORE (MADHYA PRADESH)

.....RESPONDENTS

(SHRI MUKESH KUMAWAT, LEARNED GOVT. ADVOCATE FOR

THE RESPONDENT/STATE.)

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

the following:

Advocates:
Pramod C. Nair,Advocate General

ORDER

This is repeat third bail application filed by the applicant under Section 439 of the Cr.P.C.,1973 in connection with Crime No. 1296/2021 registered at Police Station- Banganga, District-Indore (M.P.) for commission of the offence under section 420, 467, 468 and 120(B) of the Indian Penal Code. The applicant is in custody since 22.09.2021.

Prosecution story in brief:-

    On 16.09.2021 complainant Ram Sankhla has lodged an oral complainant alleging that he works at a factory situated at Shanti Nagar. He got acquainted with few persons who told him that the owners of Priyansi Online namely viz Ajay Hire and Pradeep are engaged in preparation of forged documents such as Voter ID Card, Caste Certificate etc. He has visited Priyansi Online shop and showed a voter ID card of a person named Payal Sisodiya to Ajay and asked him to prepare another voter ID card of Payal Sisodiya by pasting a photograph which he would give after some time. Ajay Hire has agreed and demanded Rs. 150/- for the said job. Then the complainant sent a photograph of an unknown lady and voter ID card of Payal Sisodiya on the whatsapp number of Ajay Hire.
    Ajay asked the complainant to come the next day, give Rs. 150/- to Pradeep and collect the Voter ID card. The complainant reached the shop on

14.09.2021, Pradeep took Rs. 150/- from the complainant and handed him a forged Voter ID Card of Payal Sisodiya. When the complainant compared the Voter ID Card available on his whatsapp and the Voter ID Card given to him by Ajay and Pradeep, he found variations in both cards. It was also found that Ajay and Pradeep used a print portal by the name XYZ ÂÂÂto prepare forged documents such as marksheet, Ayushman Card, Adhar Card, PAN Card, Driving License, Vehicle Registration Card, Caste Certificate, etc. and are committing fraud with the people. Upon this complaint, instant FIR has been registered for the above offence.

Learned counsel for the applicant submits that he was working as operator in Loksewa Kendra Palki Plaza, accused Devilal used to sent him manual prepared caste certificate through WhatsApp, thereafter, he generated the RS number and thereafter prepared forge caste certificate and send to the Sub Divisional Officer (Revenue). In his memorandum, he has admitted that almost 300 domicile certificate, caste certificate etc. were prepared for which he was paid Rs. 100-150. He is low paid employee. Entire Investigation is complete. No further custodial interrogation is required. Trial would take sufficient time to its conclusion. Six witnesses have been examined. He is only earning member of his family.

Government Advocate opposes the bail application and prays for its rejection.

It is correct that investigation is complete and trial has began, hence, no further interrogation is required. The applicant was working as operator in the Loksewa Kendra. He was working on the instructions of his owner.

Considering the facts and circumstances of the case, without commenting on the merit of the case, the bail application of the applicant is allowed and applicant- Aakash Tanwar is directed to be released on bail upon his furnishing personal bond in the sum of Rs.40,000/- (Rupees (Forty Thousand only) with surety in the like amount to the satisfaction of the Trial Court for his appearance before that Court during the pendency of trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.

Certified copy as per rules.

(VIVEK RUSIA) JUDGE ajit

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