Madhya Pradesh High Court
Avinash Pushpad vs The State Of Madhya Pradesh on 21 June, 2022
Author: Anil Verma
Bench: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 21st OF JUNE, 2022
MISC. CRIMINAL CASE No. 27784 of 2022
Between:-
AVINASH PUSHPAD
S/O HARIPRASAD PUSHPAD,
AGED ABOUT 30 YEARS,
OCCUPATION: LABORER
R/O. NALKHEDA
DIST.:AGAR, (MADHYA PRADESH)
.....PETITIONER
(BY SHRI GAURAV SHRIVASTAVA, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH
STATION HOUSE OFFICER THROUGH
POLICE STATION KHILCHIPUR.
DIST.:RAJGARH, (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI HEMANT SHARMA, GOVT. ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in jail since 09.03.2022 in connection with Crime No.117/2022 registered at P.S. - Khilchipur, District Rajgarh (M.P.) for commission of offence punishable under Sections 489-B, 489-C of IPC, 1860.
Signature Not VerifiedDigitally signed by SAN SUMATHIAs per the prosecution story, on the basis of discrete information from JAGADEESAN Date: 2022.06.22 10:40:26 IST the informer, Police recovered some counterfeit notes from the possession of 2 co-accused persons namely Ajay, Suraj and Raju. The statement of the aforesaid accused persons were recorded under Section 27 of Evidence Act, on the basis of which the present applicant was arrested, 50 notes of R.200/- and a colour printer was seized from the present applicant. Accordingly offence has been registered against the accused persons.
Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this matter. He is in custody since 09.03.2022. The seized currency notes were sent to FSL for its examination but the report is not yet received. Applicant is permanent resident of District Agar and there is no possibility of his fleeing away from the court of justice.
Investigation is over and charge sheet has been filed. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.
Per-contra, learned Govt. Advocate for respondent/State opposes the bail application and prays for its rejection.
Perused the case diary as well as the impugned order of the court below. Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that applicant is in custody since 09.03.2022, investigation is over, charge sheet has been filed and final conclusion of trial will take considerable long time, I deem it proper to release the applicant on bail.
Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One lakh Signature Not VerifiedDigitally signed by SAN SUMATHI JAGADEESAN Date: 2022.06.22 10:40:26 IST only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall 3 abide by the conditions enumerated u/S. 437(3) Cr.P.C.
Before releasing the applicant from the custody, the Jail Authorities are directed to medically examine him in order to rule out the possibility of Covid- 19 infections and shall comply with the directions issued by the Hon'ble Apex Court in W.P.No. 01/2020.
Certified copy, as per Rules.
(ANIL VERMA)
JUDGE
sumathi
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN SUMATHI
JAGADEESAN
Date: 2022.06.22
10:40:26 IST