IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA th ON THE 10 OF FEBRUARY, 2025 MISC. CRIMINAL CASE No. 15311 of 2024 ASLAM Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Noor Ahmed Sheikh - advocate for the petitioner.

Shri Mukesh Parwal - PP for State.

ORDER This is the third bail application u/S.439 of Cr.P.C for grant of regular bail in connection with Crime No.602/2022 registered at P.S. Dharampuri, Distt. dhar for offence punishable u/Ss.420, 467, 468, 471 of IPC. The earlier bail application was dismissed as withdrawn with liberty to revive after the statement of the complainant.

The prosecution case is that on 14.02.2022, a complaint was made by the complainant Prem Singh at Police Station - Dharampuri, Dhar to the effect that present applicant Aslam and co-accused Akram have prepared some fake documents and with the help of those fake documents, they have registered his land in the name of a non-tribal. On the basis of the aforesaid complaint, police registered an FIR bearing No.602/2022 under Sections 420, 467, 468, 471 of IPC against the present applicant Aslam and co- accused Akram. During the course of investigation, present applicant Aslam Signature Not Verified Signed by: VARGHESE and co-accused Akram made a statement under Section 27 of the Indian Evidence Act in which it was revealed that Amreen was also involved in the instant case, as she is also one of the beneficiaries as purchaser in the sale deed along with her husband.

Counsel for the applicant submits that the statement of the complainant has been recorded and he has not supported the prosecution case.

It is argued that the prosecution under allegation is that the applicant along with the other co-accused persons conspired to transfer the tribal land in favour of non-tribal person.

Counsel for the applicant submits that the prosecution has failed to file any caste certificate regarding the caste of the complainant. In the statement in para-11 and 29, he has admitted that he has no caste certificate belonging to SC category. It is further argued that the applicant is neither beneficiary nor witness to the alleged registered sale deed. He is in jail since 14.12.2022. Considering the incarceration period, a status report was called and as per the status report, out of 37 witnesses, only six witnesses have been examined. Thus, the trial is likely to take time. He also submits that the co-accused persons Azar Khan has been granted bail by the Supreme Court in SLP(Cr) No.15302/2024 by order dated 27.1.2025. He further submits that the co-accused Akram has been granted bail by this court by order dated

18.3.2024 in M.Cr.C. No.4051/2024.

Counsel for the State and the complainant vehemently opposed the prayer and submits that the applicant has conspired along with the co-

Signature Not Verified Signed by: VARGHESE accused Azhar and Akram to transfer the present land belonging to SC category in favour of non-tribal category.

After hearing learned counsel for the parties and taking into consideration that there is no certificate with the complainant belongs to SC category, apart from that the complainant has turned hostile, the applicant is neither beneficiary nor witness to the registered sale deed, I am of the view that the applicant is entitled for grant of bail.

It is directed that applicant Aslam shall be released from custody upon furnishing a personal bond of Rs.1,00,000/- (Rupees One Lakh Only) with one surety of the like amount to the satisfaction of the Ld. Court below.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld.

Court below.

With the aforesaid, the application is allowed and disposed off.

Cc as per rules.

(VIJAY KUMAR SHUKLA)

JUDGE VM Signature Not Verified Signed by: VARGHESE