Madhya Pradesh High Court
Rahul Saini vs The State Of Madhya Pradesh on 3 March, 2020
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-8355-2020
The High Court Of Madhya Pradesh
MCRC-8355-2020
(RAHUL SAINI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 03-03-2020
Shri S.K. Mishra, learned counsel for the applicant.
Shri Manoj Jha, learned P.L. for the respondent/State.
Heard.
This is first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure.
The applicant is in custody since 11.02.2020 in connection with Crime No.07/2020 registered at Police Station Chandera, District-Tikamgarh (M.P.) for the offence punishable under Sections 489-([k) and 489 (x) of the IPC.
As per prosecution case, on the information received from the informant, police of Police Station-Chandera, District-Tikamgarh made over strategy for arresting applicants, therefore, they reached on the spot. During investigation, 5 counterfeit currency of Rs.100/- and one colour printer of EPSON company were seized from the possession of the accused/applicant. Thereafter, the accused/applicant has been arrested for the aforesaid offence.
Learned counsel for the applicant submits that the applicant is an innocent person and has falsely been implicated in this case. He also submits that the present applicant is in jail since 11.02.2020. There is no evidence on record against the applicant to connect him with the aforesaid crime. There is no criminal antecedent against the present applicant. No counterfeit currency and printer have been seized from the possession of the present applicant. There is no probability of his absconding and tampering with the evidence of prosecution witnesses. Other co-accused have already been released on bail by this Court. Conclusion of trial will take long time to conclude. The applicant is ready to furnish bail bond as per the order, abiding with all conditions imposed by the Court. On these grounds, the learned counsel for the applicant prays for grant of bail to the applicant.
Per-contra, learned P.L. for the respondent/State opposes the bail 2 MCRC-8355-2020 application.
After hearing arguments of both the parties, looking to the whole facts and circumstances of the case, there is no criminal antecedent against the present applicant, there is no probability of his absconding and tampering with the evidence of prosecution witnesses, applicant is in jail since 11.02.2020 and also this fact that other co-accused have already been released on bail by this Court, I am of the considered view that it would be appropriate to release the applicant on bail. Therefore, without commenting on merits of the case, the application of the present applicant, namely, Rahul S a i n i under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that applicant be released on bail on his furnishing a bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the same amount to the satisfaction of the concerned trial Court for his appearance before it on the dates given by the concerned Court. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE sp Digitally signed by SAVITRI PATEL Date: 2020.03.04 10:36:35 +05'30'