IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND PATHAK ON THE 15^th OF FEBRUARY, 2024 MISC. CRIMINAL CASE No. 5015 of 2024 Between:-

MITHUN JHA S/O SHRI UMASHANKAR JHA, AGED ABOUT 25 YEARS, OCCUPATION: LABOUR R/O P.M. HOUSE KE PAAS KARERA, THANA KARERA PARGANA KARERA DISTRICT SHIVPURI (MADHYA PRADESH)

.....APPLICANT (BY SHRI ANANT KUMAR BANSAL -ADVOCATE)

AND STATE OF MADHYA PRADESH THROUGH POLICE STATION DINARA DISTRICT SHIVPURI (MADHYA PRADESH)

.....RESPONDENT (BY SHRI RAVINDRA SINGH KUSHWAH -DY. ADVOCATE GENERAL)

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This application coming on for admission this day, the court passed the following:

ORDER

1. The applicant has filed this eighth bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 17-01-2022 by Police Station Dinara District Shivpuri in connection with Crime No.21/2022 registered for offence under Sections 419, 420, 467, 468, 470 and 471 of IPC and Sections 25/27 Arms Act. His earlier bail applications were dismissed as withdrawn.

2. It is the submission of learned counsel for the applicant that he has been falsely implicated in the case. It is further submitted that some of the witnesses have been examined before the trial Court and they did not support the story of prosecution and declared hostile. Therefore, case of applicant be considered on the basis of period of custody and nature of allegations levelled against him. Thus, prayed for grant of bail.

3. Learned counsel for the respondent/State opposed the prayer and submitted that it is the case where hundreds of forged Adhar Cards and Sim Cards have been recovered. Those Sims cards have been sold to the different persons in Haryana, Delhi and in other States. Investigation is still going on and incidentally one co-accused Pramod destroyed the Adhar Cards and Sim Cards just to make the case difficult for investigating officer to complete the chain. Two accused persons are absconding and Adhar Cards have been sent for forensic examination recently, therefore, the forensic report is awaited in the case. Thus, prayed for dismissal of this application.

4. Heard learned counsel for the parties at length and perused the case diary.

5. This is a case where allegations against the applicant are serious in nature. Some of the co-accused used to prepare forged Adhar Cards and those Adhar Cards were sold to different persons and on the basis of those Adhar Cards, Sim Cards were taken by the accused persons from service provider and those Sim Cards were sold to different persons of different States. Particulars of Adhar Cards/Sim Cards seized from possession of different accused persons are as under:

Kaushal Singh : 10 Adhar Cards and 3 mobile phone Himanshu Sharma : 30 Adhar Cards, 13 Sim Cards, 2 Mobile Phones and Rs.6,000/-

Vinod : 55 Adhar Cards, 6 Sim Cards, 1 mobile and Rs.4500/-

Gajendra Pal : 195 Adhar Cards, 120 Sim Cards and 315 bore Katta Satish Tomar : 27 Adhar Cards and 70 Sim Cards.

Mithun Jha : Dell Lap Top, Printer, Data Cable and Katta.

6. Independent role of the accused may vary but collectively their role appears to be challenging and having wider ramifications in respect of national security and cyber crime. These Adhar Cards and Sim Cards can be used in NDPS offences, Terrorism related Activities, Cyber Frauds for Kidnapping and Ransom purposes and for offence of grievous denominations.

7. Considering the facts and circumstances of the case and the fact that two accused persons are still absconding in the case and also the fact that allegations are in respect of preparation of forged Adhar Cards and other essential documents which has wider ramifications, therefore, in the considered opinion of this Court, no case for grant of bail is made out in favour of applicant. Therefore, the bail application preferred by the applicant is hereby dismissed (Anand Pathak)

Judge Anil*

ANIL Digitaly signed by ANIL KUMAR CHAURASIYA