Madhya Pradesh High Court
Naresh Banjara 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. 43650 of 2023
BETWEEN:-
NARESH BANJARA S/O SHRI AJAY BANJARA,
AGED ABOUT 20 YEARS, OCCUPATION: ADHYAN,
RESIDENT OF GRAM KINNAPURA POLICE THANA
DHODHAR DISTRICT SHEOPUR (MADHYA
PRADESH)
.....APPLICANT
(SHRI DAYA RAM SHARMA -ADVOCATE)
AND
THE STATE OF MADHYA PRADESH INCHARGE
POLICE STATION THROUGH POLICE THANA GRP
BG DISTRICT GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
( SHRI PRAMOD PACHORI -PUBLIC PROSECUTOR)
Th is application coming on for HEARING this day, t h e court
passed the following:
ORDER
This second 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 24/06/2023. First bail application was dismissed as withdrawn vide order Signature Not Verified Signed by: PRACHI MISHRA Signing time: 11/22/2023 11:02:15 AM 2 dated 26/07/2023 in M.Cr.C. No. 30043/2023 with the liberty to renew the prayer after filing of the charge sheet. Final report has been submitted on 20/09/2023.
As 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 Constable Nathilal Sharma searched the general coach of Bundelkhand Express on 23/06/2023. Applicant-accused Naresh Banjara was found checking tickets of the passengers in Bundelkhand Express. On enquiry, be 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) Gwalior against the applicant Naresh Banjara for offence punishable under Sections 420, 467 and 471 of the IPC. Applicant was taken into custody on 24/06/2023, he is in custody ever since. Statement of the witnesses have been recorded. In his statement recorded under Section 27 of the Evidence Act, applicant informed that other accused Dharmendra and 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 directed to check the tickets at Bundelkhand Express. He was accordingly checking the tickets. In completion of investigation, final report has been submitted on 20/09/2023.
Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant is aged 20 years. He himself has been victim of cheating by co-accused Dharmendra and Ankit.
Signature Not Verified Signed by: PRACHI MISHRA Signing time: 11/22/2023 11:02:15 AM 3He was not aware of the fact that appointment letter and identity card given to him is forged. No criminal antecedent is reported against the applicant. He has cooperated with the investigation. 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 NARESH BANJARA 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 Signature Not Verified Signed by: PRACHI MISHRA Signing time: 11/22/2023 11:02:15 AM 4 nature;
3. The applicant shall not directly or indirectly make any inducement, threat or 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.PC 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