IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL th ON THE 18 OF JULY, 2023 MISC. CRIMINAL CASE No. 24566 of 2023 BETWEEN:-

SHANKARLAL THAKRE S/O SHRI PANDU THAKRE, AGED ABOUT 59 YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE KINHI, POLICE STATION KHAIRLANJI, TEHSIL KHAIRLANJI, DISTRICT BALAGHAT (M.P.) (MADHYA PRADESH)

.....APPLICANT (BY SHRI RAHUL KUMAR TRIPATHI - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION KHAIRLANJI RESIDENT OF GRAM PANGRA , POST JARAHMOHGAON, TEHSIL KATANGI, DISTRICT BALAGHAT (M.P.) (MADHYA PRADESH)

.....RESPONDENT (BY MS. PAPIYA GHOSH - PANEL LAWYER)

MISC. CRIMINAL CASE No. 18843 of 2023 BETWEEN:-

SURESH S/O BHURSIRAM UKEY, AGED ABOUT 45 YEARS, OCCUPATION: SERVICE AND CASTE MAHAR VILLAGE SALEBADI POLICE STATION RAMPAYALI TEHSIL KHAIRLANJI DISTRICT BALAGHAT (MADHYA PRADESH)

.....APPLICANT (BY SHRI JAGAT KUMAR DEHARIYA - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION KHAIRLANJI DISTRICT BALAGHAT (MADHYA PRADESH)

Signature Not Verified Signed by: MANOJ KUMAR .....RESPONDENT (BY MS. PAPIYA GHOSH - PANEL LAWYER )

MISC. CRIMINAL CASE No. 24486 of 2023 BETWEEN:-

JIYESH S/O SUKHRAM, AGED ABOUT 54 YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE KINHI P.S. KHAIRLANJI TAHSIL KHAIRLANJI DISTT.

BALAGHAT (MADHYA PRADESH)

.....APPLICANT (BY SHRI SANJAY KUSHWAHA - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION KHAIRLANJI DISTRICT BALAGHAT (MADHYA PRADESH)

.....RESPONDENT (BY MS. PAPIYA GHOSH - PANEL LAWYER )

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

ORDER

These are the second bail applications filed by the applicants Shankarlal Thakre and Jiyesh, whereas, first bail application of applicant Suresh under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.45/2023, dated 03.3.2023 registered at Police Station Kherlanji District-Balaghat for commission of offence under Sections 420,467,468,34, and 419 of IPC. Applicant Shankarlal is in detention since 04.03.2023, applicant Suresh is in detention since 11.04.2023 while applicant Jiyesh is in detention since 25.03.2023.

2. The first bail applications of applicant Shankarlal and Jiyesh were dismissed as withdrawn with liberty to renew the prayer after filing of the charge Signature Not Verified Signed by: MANOJ KUMAR sheet vide order dated 27.04.2023 passed in M.Cr.C.Nos.15240/2023 and M.Cr.C.No.16632/2023.

3. At the outset, learned counsel for applicant Jiyesh seeks permission to withdraw this second bail application. Therefore, this second bail application too of applicant Jiyesh is dismissed as withdrawn and not pressed

4. As per the prosecution story, on 28.2.2023 Surendra Upvanshi, 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.

5. Learned counsel for the applicants submitted that applicants have not committed any offence. They are innocent. They have been falsely implicated.

6. Learned counsel for applicant Shankarlal submits that he is former Sarpanch of the village. He has not prepared any forged or fake BPL cards. He had only informed the persons that BPL cards are being prepared in the village. He was not aware that forged and fake BPL cards are being prepared and given.

7. Learned counsel for the applicant Suresh has submitted that it was Jiyesh who had prepared the forged and fake BPL cards. He further submits that fake seal has been seized from Jiyesh and not from him.

8. It is submitted that after