Madhya Pradesh High Court
Dwarka Prasad Nayak vs The State Of Madhya Pradesh on 18 October, 2023
Author: Anuradha Shukla
Bench: Anuradha Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SMT. JUSTICE ANURADHA SHUKLA
ON THE 18 th OF OCTOBER, 2023
MISC. CRIMINAL CASE No. 45356 of 2023
BETWEEN:-
DWARKA PRASAD NAYAK, S/O SHRI RADHESHYAM
NAYAK, AGED ABOUT 40 YEARS, OCCUPATION: JOB,
RESIDENT OF FLAT NO.01, GOMANTIKA PARISAR,
JAWAHAR CHOWK, NORTH T.T. NAGAR BHOPAL,
DISTRICT BHOPAL (MADHYA PRADESH)
.....APPLICANT
(BY SHRI MANISH DATT - SENIOR ADVOCATE WITH SHRI H.A. SAIFY -
ADVOCATE)
AND
STATE OF MADHYA PRADESH THROUGH POLICE
STATION ARERA HILLS, DISTRICT BHOPAL (MADHYA
PRADESH)
.....RESPONDENT
(BY MS. VINITA SHARMA - PANEL LAWYER)
This application coming on for admission this day, the Court passed
the following:
ORDER
This is first application under Section 439 of the Code of Criminal Procedure 1973 for grant of bail filed on behalf of the applicant who has been arrested relating to FIR/Crime No.313/2023 dated 04.09.2023 registered at Police Station Arera Hills, District Bhopal, for offence punishable under Sections 420, 467, 468, 471 and 201 of IPC.
Learned counsel for the applicant submits that the applicant is in custody since 08.09.2023 and the trial will take considerable time to conclude. He further Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/19/2023 4:43:33 PM 2 submits that the applicant is innocent and has falsely been implicated in the case. The applicant is a permanent resident of district and is ready to furnish adequate surety and shall abide by all the conditions to be imposed by the Court. Upon these grounds, it is prayed that the applicant be released on bail.
Learned counsel for the State has opposed the bail application. Heard learned counsel for the parties and perused the case diary. Applicant is made an accused in this case on the ground that his mark- sheet of M.A. Sociology was found to be forged, while that mark-sheet was used by him to obtain the scholarship for studies in Poland. The facts argued by the applicant are that he was not selected for scholarship on the basis of mark-sheet of M.A. and his eligibility was based on the First Division degree obtained in M. Phil examination. The case diary shows that the degree obtained in M. Phil examination was not disputed. It has been fairly admitted by the counsel for the State that applicant was supposed to have any Masters degree in First Division or the M. Phil degree in First Division for applying for scholarship. The same criteria has been fulfilled by the applicant on the basis of his M. Phil degree.
Having considered these facts, this Court deems it fit to release the applicant on bail, therefore, without commenting on the merits of the case, this application is allowed.
It is directed that the applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during pendency of the trial.
It is further directed that the applicant shall comply with the provisions of Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/19/2023 4:43:33 PM 3 Section 437(3) of Cr.P.C.
Accordingly, this M.Cr.C. stands allowed and disposed of.
(ANURADHA SHUKLA) JUDGE sjk Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/19/2023 4:43:33 PM