The court allowed bail under Cr.P.C. Section 439 based on a determination of circumstances and witness examination status.

ORDER

This is second application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No.45/2023 dated 03.03.2023 registered at Police Station - Kherlanji, District - Balaghat (M.P.) for commission of offence under Sections 420, 467, 468, 34 and 439 of IPC.

Applicant is in detention since 4.3.2023.

2. Applicant's first bail application was dismissed as withdrawn and not pressed vide order dated 16.8.2023 passed in M.Cr.C. No.35200 of 2023. 3. As per the prosecution story, on 28.2.2023 Surendra Upvanshi, Signature Not Verified Sarpanch of Gram Panchayat, Kinhi District Balaghat moved an application before the Collector alleging that Jiyesh Mandhlekar has prepared forge and fake BPL Ration Cards of 09 persons. Therefore, action be taken against him. On the basis of that application, matter was forwarded to police and police registered an F.I.R. In investigation it was found that Jiyesh with the help of co- accused Rajkumar had prepared forged and fake BPL cards of Ishwari, Dinesh, Abhay, Noklal, Subhash, Ghasilal, Shiva, Kapoorchand and Dhanwanta after receiving Rs.3000-3000/- from them.

4. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. The only allegation against him is that of filling of three forms of BPL card. It is further submitted that 15 witnesses have already been examined. Still 08 witnesses are to be examined. Trial of the case will take considerable time. It is further submitted that applicant has not taken any money. He works as document writer. Therefore, he has filled the documents but the signature on the documents have not been made by him. He has no criminal background.

Therefore, it is prayed that applicant may be released on bail.

5 . On the other hand, learned counsel for the State has opposed the prayer for grant of bail to the applicant.

6 . Considering the submissions made by learned counsel for the applicant including his incarceration period and the fact that almost all the material witnesses have already been examined but still 08 witnesses are to be examined, I am of the view that a case for grant of bail is made out. Consequently, this bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed

7. It is directed that applicant - Rajkumar Dongre be released on bail Signature Not Verified on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety 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.

8. 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.

Certified copy as per rules.

(DINESH KUMAR PALIWAL)