IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL DHAGAT st ON THE 1 OF JULY, 2023 MISC. CRIMINAL CASE No. 27398 of 2023 BETWEEN:-

SARDAR S/O SHRI JAGDISH VASLE, AGED ABOUT 28 YEARS, OCCUPATION: LABOUR R/O VILLAGE DEVNALI TAHSIL RAJPUR DISTRICT BADWANI (MADHYA PRADESH)

.....APPLICANT (BY SHRI B.R. PANDEY - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION SHIKARPURA DISTRICT BURHANPUR (MADHYA PRADESH)

.....RESPONDENT (BY SHRI VIVEK LAKHERA - GOVERNMENT ADVOCATE)

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

ORDER

This is the second application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.782/2022, registered at Police Station-Shikarpur, District Burhanpur (M.P.) for the offence under Sections 392, 395, 397 of the IPC. Earlier application i.e. MCRC No. 15788/2023 was dismissed with liberty to renew the prayer after period of three months.

2. Learned counsel appearing for applicant submitted that applicant is innocent and has falsely been implicated in the case. He is in jail since

03.01.2023. It is submitted that co-accused persons have already been enlarged on bail vide order dated 12.06.2023 passed in MCRC No.17518/2023. Case of present applicant is similar to that of co-accused persons. There is delay in lodging of FIR and names of persons who are to be identified has been disclosed in notice. Test Identification Parade cannot be believed. No offence under Sections 395 and 397 of the IPC is made out against the applicant. In these circumstances, applicant be released on bail.

3. Learned Government Advocate appearing for the State opposed the application for grant of bail. Applicant is having criminal record and three more cases are registered against him. In these circumstances, application be dismissed.

4. Heard the counsel for the parties.

5. Co-accused persons have already been enlarged on bail. Investigation is complete and charge sheet has been filed.

6. Considering the facts and circumstances of the case and ground raised by applicant, bail application filed by applicant is allowed on condition that applicant will mark his presence before local police station twice every month.

7. It is directed that applicant be released on bail on aforesaid condition on furnishing personal bond of Rs.50,000/-(Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court for his appearance before the trial court on the dates to be fixed by the trial court. 8. The applicant shall also abide by the conditions of Section 437 (3) of Cr. P. C.

C.C. as per rules.

(VISHAL DHAGAT)

JUDGE Digsitahllya sibgnaedn bya SHABANA ANSARI Date: 2023.07.01 14:49:38 +05'30'