IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE ANIL VERMA th ON THE 19 OF JULY, 2023 MISC. CRIMINAL CASE No. 30888 of 2023 BETWEEN:-

DHIRAJ SINGH S/O KARAN SINGH, AGED ABOUT 22 YEARS, OCCUPATION: STUDENT R/O: VILLAGE SAAFIE, DISTRICT ITAWA (UTTAR PRADESH)

.....APPLICANT (BY SHRI SURENDRA TUTEJA - ADVOCATE)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION BNP (BANK NOT PRESS), DISTRICT DEWAS (MADHYA PRADESH)

.....NON APPLICANT (BY SHRI KAPIL MAHANT - PANEL LAWYER)

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

ORDER

1. This is the 3rd application filed by the applicant under Section 439 of Cr.P.C. for grant of regular bail relating to Crime No.381/2022 registered at Police Station BNP, Dewas for the offence under Section 419, 420, 120-B, 465, 467, 468, 471 of IPC.

2. As per the prosecution story, allegation levelled against the present applicant is that he had allowed the co-accused Satyapal to appear on his behalf in the examination for the post of Constable held at the examination centre- Kendriya Audhyogik Suraksha Bal Ikai, Bank Note Press, Dewas. Thus, he has committed fraud in the said examination. Accordingly offence has been Signature Not Verified Signed by: TRILOK SINGH registered.

3. Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this matter. He is in custody since 26.5.2022 and already suffered jail incarceration for more than one year. His earlier two bail applications were dismissed as withdrawn. There is no legal evidence available on record to connect the applicant with the aforementioned offence. He is a permanent resident of District Itawa (U.P.). Investigation is over, but final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.

4. Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection by submitting that applicant's earlier two bail applications have been dismissed as withdrawn and there is no material change in the circumstances.

5. Perused the case diary as well as the impugned order of the court below.

6. Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that allegation levelled against the present applicant is that he has committed fraud in the examination process and allowed some other person in place of him as a candidate, including the biometric test report there is sufficient evidence available on record against the applicant, therefore, this Court is not inclined to grant bail to the applicant. 7. Accordingly this M.Cr.C. is hereby dismissed.

C.C. as per rules.

Signature Not Verified Signed by: TRILOK SINGH (ANIL VERMA)

JUDGE trilok Signature Not Verified Signed by: TRILOK SINGH