Madhya Pradesh High Court
Ankit@Tek Singh Prajapati vs The State Of Madhya Pradesh on 5 January, 2024
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 5 th OF JANUARY, 2024
MISC. CRIMINAL CASE No. 55579 of 2023
BETWEEN:-
ANKIT@TEK SINGH PRAJAPATI S/O SHRI BABULAL
PRAJAPATI, AGED 22 YEARS, R/O DEVARI KALA, INDRA
COLONY THANA DEVARI DISTRICT RAISEN M.P. HAL
NIWASI MAKAN NO. 130, SAKLECHA ASPTAL KE PASS
BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)
.....APPLICANT
(SHRI JITENDRA KUMAR TYAGI- ADVOCATE)
AND
STATE OF MADHYA PRADESH THROUGH POLICE
STATION G.R.P. (B.G) DISTRICT GWALIOR (MADHYA
PRADESH)
.....RESPONDENT
(SHRI LOKENDRA SHRIVASTAVA- PANEL LAWYER)
This application coming on for hearing this day, the court passed the
following:
ORDER
This first 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 IPC. The applicant is in judicial custody since 19/10/2023.
A s 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 Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 05-01-2024 06:19:33 PM 2 Nathilal Sharma searched the general coach of Bundelkhand Express on 23/06/2023. Accused Naresh Banjara was found checking tickets of the passengers in Bundelkhand Express. On enquiry, he 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), District Gwalior against the accused Naresh Banjara for offence punishable under Sections 420, 467 and 471 of IPC. Statement of witnesses have been recorded. In his statement recorded under Section 27 of the Evidence Act, Naresh Banjara informed that Dharmendra and Ankit (present applicant) 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 was directed to check the tickets at Bundelkhand Express. H e was accordingly checking the tickets. Dharmendra Nayak was taken into custody. In his statement recorded under Section 27 of the Evidence Act, he informed that Ankit (present applicant) had promised him to secure job of TC in Railway, so he introduced Naresh with Ankit. He had taken Rs. 1,40,000/- from Naresh which was paid in instalment to Ankit. Applicant Ankit was arrested on 19/10/2023. He is in custody ever since. Two seals of Railways and card stripes have been seized at the instance of the applicant. Account details with regard to money trail have been seized. Final report was submitted on 20/09/2023.
Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant has falsely been implicated in the matter merely on the basis of statement of co-accused recorded in police custody which is not admissible against him. Applicant is aged around 22 years. Applicant is resident of Raisen (M.P.). No criminal antecedent is Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 05-01-2024 06:19:33 PM 3 reported against the applicant. The prosecution is based on documentary evidence, therefore, there is no likelihood of tampering with the evidence. There is no likelihood of absconsion leaving his family and home. Jail incarceration is causing hardship to young applicant. The trial would take time to complete. Co- accused Dharmendra Nayak has been granted bail by this Court vide order dated 21.11.2023 passed in MCRC No.49206/2023. 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 Ankit @ Tek Singh 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 local solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions,:(F o r the sake of convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may he directed by the concerned court;
(1) vkosnd lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxkA Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 05-01-2024 06:19:33 PM 4 (2) Applicant shall not commit or get involved in any offence of similar nature;
(2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxkA (3) 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 police officer;
(3) vkosnd izdzj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr gksA (4) Applicant shall not directly or indirectly attempt to temper with the evidence or allure, pressurize or threaten the witness;
(4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA (5) During trial, the applicants shall ensure due compliance of provisions of Section 309 of Cr.P.C. regarding examination of witnesses in attendance;
(5) fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk 309 na-iz-la- ds izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA This order shall be effective till the end of trial. However, in case of breach of any of the precondition of bail, the trial Court may consider on merit cancellation of bail without any impediment of this order.
The trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned, if any of them is unable to write, the scribe shall certify that he had explained the conditions to the concerned accused or the surety.
Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 05-01-2024 06:19:33 PM 5C.C. as per rules.
(SANJEEV S KALGAONKAR) JUDGE Avi Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 05-01-2024 06:19:33 PM