IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA ON THE 18^th OF NOVEMBER, 2022 MISC. CRIMINAL CASE No. 43962 of 2022 BETWEEN:-

KEDAR S/O MANIRAM DABI, AGED ABOUT 57 YEARS, OCCUPATION: AGRICULTURIST, R/O HOUSE NO. 313, VILLAGE SIMROL TEHSIL MHOW DISTRICT INDORE (MADHYA PRADESH)

.....APPLICANT (SHRI VIVEK SINGH, LEARNED COUNSEL FOR THE APPLICANT)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION CRIME BRANCH INDORE (MADHYA PRADESH)

.....RESPONDENT ( SHRI ANAND SONI, ADDITIONAL ADVOCATE GENERAL FOR THE RESPONDENT/STATE) .

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

O R D E R This is First application filed under Section 439 of Cr.P.C. by the applicant who is in custody since 12.03.2022 in connection with Crime No.8/2022, registered at Police Station Crime Branch, Indore for the offence punishable under Section

420, 467, 419, 471, 472, 474, 120-B, 468 of IPC.

It is the case where the applicant stood as surety in two crime i.e. Crime no.190/2020 and 45/2021 by furnishing two Rin Pustika for his land bearing survey No.420/2 and 294/2/1 respectively. It is not the case of prosecution that he is not the owner of said land. The allegation is that Rin Pustika which he produced before the Court was not issued from the office of Tehsildar. It is matter of investigation whether the Rin Pustika was issued or not. From the face of record, it appears that Rin Pustika was issued from the office of Tehsildar.

Learned counsel for the applicant submits this applicant never stood as surety/ guarantor by using this land in any criminal case.

It is not case where applicant stood the surety for accused for getting extra money for helping him for release by furnishing surety.

Learned Government Advocate opposes the bail application and prays for its rejection.

Heard.

On due consideration of the aforesaid submissions, mainly those advanced by the learned counsel for the applicant, without commenting upon the merits of the case, this bail application is allowed and it is directed that applicant- KEDAR S/O MANIRAM DABI shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousands Only) with solvent surety in the like amount to the satisfaction of the concerned Trial Court/Committal Court. It is made clear that after being so released, the applicant shall make himself available on each and every date when the case is put up for trail and shall not influence any of the witnesses.

It is also directed that the applicant shall abide by all the conditions enumerated under Section 437(3) of the Cr.P.C. A copy of this order be sent to the Court concerned for compliance.

It is observed that if it is found in further investigation that the applicant stood as surety in other criminal cases by using Rin Pustika then this Court may consider for cancel the bail.

C.C. as per rules. ( VIVEK RUSIA )

JUDGE praveen Digitally signed by PRAVEEN NAYAK Date: 2022.11.18 18:42:49 +05'30'