IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL th ON THE 14 OF JULY, 2023 MISC. CRIMINAL CASE No. 27805 of 2023 BETWEEN:-

MUKESH YADAV S/O SHIV CHARAN YADAV, AGED ABOUT 26 YEARS, OCCUPATION: AHIR OCCUPATION DRIVER R/O GOLANDA POLICE STATION THANA DHANPURI DISTRICT SHAHDOL (MADHYA PRADESH)

.....APPLICANT (BY SHRI NARENDRA NIKHARE - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION RAJENDRAGRAM DISTRICT ANUPPUR (MADHYA PRADESH)

.....RESPONDENT (BY SHRI PANKAJ TIWARI - PANEL LAWYER )

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

ORDER

This is the fourth bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.172/2022, dated 05.05.2022, registered at P.S.- Rajendragram, District - Anuppur (M.P.) for the offence punishable under Section 420, 141, 379, 414, 467, 468, 34 of IPC, Section 4 and 21 of the Mines and Minerals (Development and Regulation) Act, 1957 and Section 130(3), 177, 3, 181, 146 and 196 of the Motor Vehicles Act. He is in detention since 12.12.2022.

2. Applicant's first and second applications were dismissed as Signature Not Verified withdrawn vide order dated 18.7.2022 passed in M.Cr.C. No.27503/2022 and order dated 17.3.2023 passed in M.Cr.C. No.61796/2022. His third bail application was dismissed for want of prosecution vide order dated 22.6.2023 passed in M.Cr.C. No.17643/2023. In order dated 17.3.2023 passed in M.Cr.C. No.61796/2022 liberty was granted to renew the prayer for bail after two months.

3. As per the prosecution story, on the basis of informer's secret information on 05.05.2022, applicant who is a driver was found using number plate of vehicle bearing registration No. MP 18GA 1907 on dumper whereas it was found to be number of the vehicle belonging to Jaya Chulani. Thus it was found that a fake and forged number plate was being used on the truck. After investigation, charge sheet has been filed.

4. Learned counsel for the applicant submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. He is not the owner of the truck. Truck was handed over to him by the registered owner of the truck and he was not aware that fake and forged number plate is being used on the truck. Therefore, it has been prayed that the applicant be released on bail.

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

6. Applicant is driver of the truck. Therefore, having taken into consideration submissions made by learned counsel for the applicant and the fact that trial of the case will take considerable time, I am the view that it is a case in which further pre-trial detention of the applicant is not warranted. Consequently, this bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant stands allowed.

Signature Not Verified

7. It is directed that applicant - Mukesh Yadav be released on bail 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)

JUDGE mrs. mishra Signature Not Verified