Madhya Pradesh High Court
Rajesh Urmaliya vs The State Of Madhya Pradesh on 2 September, 2015
MCRC-12427-2015
(RAJESH URMALIYA Vs THE STATE OF MADHYA PRADESH)
02-09-2015
Shri Vishnu Deo Singh Chauhan, Advocate for the applicant.
Shri Ajay Shukla, Government Advocate for the respondent /State.
Heard on the question of admission.
Admit.
Perused the case diary.
Heard finally.
This is first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.
The applicant is in custody since 16.07.2015 in connection with Crime No.205/2015 registered at Police Station Barhi, District Katni (M.P.) for the offence punishable under Sections 420, 467, 468, 471/34 of IPC. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted by learned counsel for the applicant that due to family dispute FIR was lodged by the Krishna Kumar who is real uncle of the applicant. Signature of the applicant also not verified by the expert. It is also submitted that applicant is suffering from brain tumor and its operated in the year 2010 at Jaslok Hospital and Research Centre, Mumbai. The applicant is in custody since 16.07.2015, having no criminal past antecedents and trial would take considerable time in its final disposal, therefore, he may be released on bail.
Learned Government Advocate for the State opposed the application for grant of bail.
On due consideration of the contentions raised by the learned counsel for the parties and overall facts and circumstances of the case, I am of the considered view that it is a fit case to release the applicant on bail, therefore, without expressing any view on the merits of the case, the application is allowed and it is directed that the applicant Rajesh Urmaliya shall be released on bail on furnishing a personal bond in a sum of Rs.30,000/- (Thirty Thousand only) with one surety in the like amount to the satisfaction of the committal Court/trial Court for securing presence of the applicant before the said Court on all the dates of hearing fixed in this regard during trial.
Certified copy as per rules.
(SUBHASH KAKADE) JUDGE