IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR ON THE 3^rd OF OCTOBER, 2024 MISC. CRIMINAL CASE No. 41940 of 2024 GAURAV MALI Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Kuldeep Dashora, learned counsel for the applicant.

Shri Romil Verma, learned Govt. Advocate for the respondent/State.

ORDER This first bail application has been filed by applicant under Section 439 of the Code of Criminal Procedure, 1973/Section 483 of BNSS, 2023 for grant of bail in connection with Crime No.454/2024 registered at Police Station Neemuch City, District Neemuch for offence punishable under Sections 316(2), 316(4), 318(4) and 61 of Bharatiya Nyaya Sanhita, 2023. The applicant is in judicial custody since

07.09.2024.

As per the case of prosecution, Manish Kumar Garg, Director of Dhirendra Soya Agro Private Limited submitted a typed complaint to SHO of PS Neemuch City inter alia stating that the workers of the factory namely, Anil Kharol, Dashrath Kharol, Gaurav Mali(applicant)

Signature Not Verified Signed by: PREETHA HARI and Mediator Rounak Gandhi in conspiracy with Goyal and Company Automobiles and Arihant Trading Company Vehicles have committed forgery of weighing slips of the vehicles thereby caused him wrongful loss to the tune of Rs.1,43,42,488/- approx. Anil Kharol and Gaurav Mali used to provide weighing slip by mentioning the weight of Tractor instead of Truck. On such allegations, PS Neemuch City, District Neemuch registered FIR at Crime No.454/2024 for offence punishable under Sections 316(2), 316(4), 318(4) and 61 of Bharatiya Nyaya Sanhita, 2023 against accused Anil Kharol, Dashrath Kharol, Gaurav Mali(applicant), Rounak Gandhi and Rahul. The applicant was arrested on 07.09.2024. He is in custody ever since. His statement under Section 23 of the Bhartiya Shaskhsya Adhiniyam was recorded. Relevant seizures were made. Investigation is underway with regard to other co-

accused.

Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant has falsely been implicated. The alleged offence is punishable with imprisonment for less than 7 years, still, no notice of investigation was given to the applicant, rather, he was arrested directly. Only allegation against the applicant is that he used to indulge the security guard in conversation at the time of weighing of the vehicle. Learned counsel submits that the applicant is aged 22 years. He is a labourer by profession and sole bread earner of the family. There is no likelihood of his absconsion leaving his Signature Not Verified Signed by: PREETHA HARI family, home and profession. No criminal antecedent is reported against the applicant. There is no likelihood of tampering with evidence by the applicant. Further custodial interrogation in this matter is not required against the applicant. The trial would take time to conclude. 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.

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 but without commenting on merits of the case, this Court is inclined to release the applicant on bail.

Accordingly, it is directed that applicant Gaurav Mali S/o Balmukund Mali shall be released on bail in connection with Crime No.454/2024 registered at Police Station Neemuch City, District Neemuch for offence punishable under Sections 316(2), 316(4), 318(4) and 61 of Bharatiya Nyaya Sanhita, 2023, upon furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions: (For convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):-

(1) Applicant shall