IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND PATHAK ON THE 21^st OF MARCH, 2024 MISC. CRIMINAL CASE No. 11942 of 2024 Between:-

KADAM SINGH YADAV S/O SHRI THAKURDAS YADAV, AGED ABOUT 25 YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE KAROTHA POLICE STATION KARERA DISTRICT SHIVPURI (MADHYA PRADESH)

.....APPLICANT (BY SHRI SUSHIL KUMAR GOSWAMI - 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. This is the first application preferred by the applicant under Section 438 of Cr.P.C. wherein he is apprehending his arrest in Crime No.21/2022 registered at Police Station Dinara District Shivpuri for offence under Sections 420, 467, 419, 468, 469, 470, 471, 201 of IPC and Sections

25,27 of Arms Act.

2. Learned counsel for the applicant submits that false case has been registered against him and he is apprehending his arrest on the basis of above referred offence. It is submitted that other co-accused Himanshu Sharma and Vinod have been enlarged on bail and case of applicant is akin to those co-accused. Applicant has no concern with the present case. Further some of the witnesses who have been examined before the trial Court, did not support the story of prosecution and declared hostile. Confinement would bring social disrepute and personal inconvenience to him. He undertakes to cooperate in the investigation/trial and keep himself available as and when required. He would not be source of harassment and embarrassment in any manner to the complainant. Under these grounds, he prayed for 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. 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. Applicant seeks parity vis-a-vis Himanshu Sharma and Vinod but on close scrutiny it appears that they have suffered sufficient period of custody and rigours of investigation and after investigation being carried out in respect of role of those accused, they were granted benefit of bail. In the present case, applicant is seeking anticipatory bail and investigation in respect of applicant is yet to be carried out.

6. When investigation about the role of the applicant and involvement at his instance of other accused is to be carried out by the police then in that condition he cannot be granted anticipatory bail. Even otherwise as referred earlier all accused have participated in investigation while in confinement and then enlarged on bail. Case is of wider amplitude and connotation. Recently application of one of the co-accused Pramod Jodhi has also been dismissed. Applicant has to participate in investigation and trial. One of the co-accused is still absconding.

7. 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