Madhya Pradesh High Court
Samyak Jain vs The State Of Madhya Pradesh on 31 October, 2018
1 THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M.Cr.C. No.43711 of 2018 (Samyak Jain vs. State of MP) Indore, dated : 31.10.2018 Ms. Sudha Shrivastava learned counsel for the applicant. Ms. Nidhi Bohra, learned Public Prosecutor for the non- applicant - State.
Heard. Case diary perused.
This is first application under Section 439 of Cr.P.C. for grant of bail in connection with Crime No.372/2018 registered at Police Station - M. G. Road, District Indore, concerning offences under Sections 420, 465, 467, 468 and 471 of IPC.
Learned counsel for the applicant has submitted that the applicant is not named in the FIR and there is no allegation against the applicant that he received any amount from the complainant in the garb of getting service in the IMC. The applicant runs a shop of MP Online and used to print Aadhar Card and PAN Card. The allegation against the applicant is that he has printed the documents through online but there is nothing to substantiate the aforesaid fact. The applicant is implicated in the present crime only on the basis of the disclosure statement of co-accused recorded under Section 27 of the Evidence Act, which is not a legal evidence. The applicant is in custody since 09.10.2018. The investigation is over and charge-sheet has been filed. Conclusion of trial will take considerable time. He is not required for further interrogation. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.
Learned counsel for the State submits that no sufficient ground is made out for releasing the applicant on bail, hence the application 2 THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M.Cr.C. No.43711 of 2018 (Samyak Jain vs. State of MP) filed by the applicant be dismissed.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.
Certified copy as per rules.
(S. K. Awasthi) Judge gp Geeta Digitally signed by Geeta Pramod DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, postalCode=452001, st=Madhya Pradesh, Pramod 2.5.4.20=1dc3d93a178bbacd0e9485f9f6e99335499b ddb32501850a4984b5b63f6d7a38, cn=Geeta Pramod Date: 2018.11.01 11:48:05 +05'30'