Madhya Pradesh High Court
Noshad Khan vs The State Of Madhya Pradesh on 8 February, 2017
MCRC-1371-2017
(NOSHAD KHAN Vs THE STATE OF MADHYA PRADESH)
08-02-2017
Shri S.C. Shrivastava, learned counsel for the
applicant.
Shri Mukesh Kumawat, learned counsel for the
respondent/State.
Case diary is available.
Arguments heard.
This is first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail. The present applicant was arrested by Crime Branch, District â Indore in Crime No.21/2016 under Sections 420, 467, 468, 471 and 120B of IPC.
According to the prosecution story, it is alleged that the present applicant helped the main accused in preparing a forge degree of IIT, Mumbai. According to memorandum of the co-accused, applicant prepared the form on which the co-accused signed. It is alleged that the present applicant is working in Computer Center and the computer from which the proforma was created was seized by the police.
Learned counsel for the applicant submits that the present applicant as per the memorandum of the co- accused only took Rs.200/- for preparation of the proforma. He works as an employee of the Computer Center. He is not the only person who works on that particular computer. He further submits that the applicant is a man of 25 years and if kept under custody, his future shall be ruined. He also submits that so far as the present applicant is concerned, investigation is over and his presence for investigation is not required.
Learned counsel for the State opposes the application. According to him, the present applicant was the main person who helped the main accused in creation of the forged documents.
Taking all the facts and circumstances into consideration and without commenting on merit of the case, I am of the view that it is a fit case for grant of bail. The application filed under Section 439 of the Cr.P.C. is allowed.
It is directed that the applicant shall be released on bail on his furnishing a personal bond of Rs.50,000-/ (Rs. Fifty Thousand Only) and one solvent surety of the like amount to the satisfaction of the concerned Magistrate for his appearance on all the dates of hearing as may be directed in this regard during trial. He is further directed that on being so released on bail, he would comply with the conditions enumerated under section 437(3) Cr.P.C. meticulously. Certified copy as per rules.
(ALOK VERMA) JUDGE