Madhya Pradesh High Court
Dharmendra Nayak vs The State Of Madhya Pradesh on 21 November, 2023
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 21 st OF NOVEMBER, 2023
MISCELLANEOUS CRIMINAL CASE No. 49206 of 2023
BETWEEN:-
DHARMENDRA NAYAK S/O SHRI LAXMAN SINGH
NAYAK, AGED ABOUT 27 YEARS, OCCUPATION:
BUSINESS, RESIDENT OF VILLAGE NIPANIYA POST
DHURVA, TEHSIL KURWAI DISTRICT VIDISHA
(MADHYA PRADESH)
.....APPLICANT
(SHRI FAISAL ALI SHAH - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION G.R.P. (B.G.)
DISTRICT GWALIOR (MADHYA PRADESH)
.....RESPONDENT
( SHRI PRAMOD PACHORI -PUBLIC PROSECUTOR)
This application coming on for HEARING this day, the court passed
the following:
ORDER
This first bail application has been filed by applicant under section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.427/2023 registered at Police Station GRP (BG), District Gwalior (M.P.) for offence punishable under Sections 420, 467 and 471 of the IPC. The applicant is in judicial custody since 05/10/2023.
A s per the case of prosecution, Dharmendra Singh Rathore, Head Constable GRP received information that one person posing as TC, is checking tickets in Bundelkhand Express in general coach. He alongwith Head Signature Not Verified Signed by: PRACHI MISHRA Signing time: 11/22/2023 11:02:15 AM 2 Constable Nathilal Sharma searched the general coach of Bundelkhand Express on 23/06/2023. Accused Naresh Banjara was found checking tickets of the passengers in Bundelkhand Express. On enquiry, he submitted one identity card and appointment letter which was found to be forged. FIR at Crime No. 427/2023 was registered at Police Station GRP (BG) District Gwalior against the accused Naresh Banjara for offence punishable under Sections 420, 467 and 471 of the IPC. Statement of the witnesses have been recorded. In his statement recorded under Section 27 of the Evidence Act, Naresh Banjara informed that applicant Dharmendra and co-accused Ankit have cheated him of Rs. 1,40,000/- to secure job of TC in Railway. He was given identity card and appointment letter by Ankit and was directed to check the tickets at Bundelkhand Express. He was accordingly checking the tickets. Applicant- Dharmendra Nayak was taken into custody. In his statement recorded under Section 27 of the Evidence Act, applicant informed that Ankit had promised him to secure job of TC in Railway so he introduced Naresh with Ankit. He had taken Rs. 1,40,000/- from Naresh which was paid in installment to Ankit. Some of the money, he spent on himself. Applicant was arrested on 05/10/2023, he is custody ever since. Account details with regard to money trail have been seized. Final report is submitted on 20/09/2023.
Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant has falsely been implicated in the matter merely on the basis of statement of co-accused recorded in police custody which is not admissible against him. No incriminating articles have been recovered at the instance of the applicant. Further, there is no allegation of forging the identity card or appointment letter against the applicant. Applicant is Signature Not Verified Signed by: PRACHI MISHRA Signing time: 11/22/2023 11:02:15 AM 3 aged 22 years. Applicant is permanent resident of village Nipaniya, post Dhurva, Tehsil Kurwai, District Vidisha (M.P.). No criminal antecedent is reported against the applicant.There is no likelihood of interfering with the investigation or tampering with the evidence. There is no likelihood of absconding leaving behind his family and home. Jail incarceration is causing hardship to young applicant. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail.
Per contra, learned Counsel for the State opposes the bail application on the ground of gravity of alleged offence and prays for its rejection.
Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case regard being had to young age of applicant but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.
Accordingly, it is directed that the applicant DHARMENDRA NAYAK shall be released on bail in connection with Crime No.427/2023 registered at Police Station GRP (BG), District Gwalior (M.P.) for offence punishable under Sections 420, 467 and 471 of the IPC, upon furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :
1. The applicant shall remain present on every date of hearing as may be directed by the concerned Court;
2. The applicant shall not commit or get involved in any offence of similar nature;
3. The applicant shall not directly or indirectly make any inducement, threat or Signature Not Verified Signed by: PRACHI MISHRA Signing time: 11/22/2023 11:02:15 AM 4 promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the investigating officer;
4. The applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;
5. The applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance;
This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.
CC as per rules.
(SANJEEV S KALGAONKAR) JUDGE Prachi Signature Not Verified Signed by: PRACHI MISHRA Signing time: 11/22/2023 11:02:15 AM