Madhya Pradesh High Court
Lokesh vs The State Of Madhya Pradesh on 6 January, 2017
MCRC-12842-2016
(LOKESH Vs THE STATE OF MADHYA PRADESH)
06-01-2017
Shri Vikram Singh, learned counsel for the applicant.
Shri Milind Phadke, learned Government Advocate for
the non-applicant/State.
Heard with the aid of case-diary.
ORDER
THIS is first bail application under Section 439 of the Code of Criminal Procedure. The applicant is in custody in connection with Crime No.310/2016 registered at P.S.-Barwani, District-Barwani for the offence punishable under Sections 420, 467, 468 and 471 of IPC.
As per the prosecution case, on the basis of forged and fabricated documents, the applicant has procured the loan of Rs.6,90,000/- from the bank in connivance with other co-accused.
Learned counsel for the applicant submits that the applicant is an agriculturist, having no criminal antecedents. There is no evidence that the applicant has prepared forged documents. He has been falsely implicated in this case. He is detained since 05/06/2016; whereas, trial will take time to conclude. In such circumstances, the applicant be released on bail. On the other hand, learned Government Advocate for the non-applicant/State opposes the prayer and prays for dismissal of the application.
At this juncture, learned counsel for the applicant submits that the applicant is ready to deposit cash security of Rs.1,00,000/- (One Lac Rupees). I have considered the overall facts and circumstances of the case, nature of offence and period of detention. I am of the opinion that the applicant has made out a case for grant of bail. Thus, the application is allowed and it is directed that the applicant be released on bail subject to his depositing Rs.1,00,000/- (One Lac Rupees) in cash in the Trial Court or furnishing the FDR of the said amount of any nationalized bank for a period of two years and upon his furnishing a personal bond in the sum of Rs.1,00,000/- (One Lac Rupees) with one local solvent surety in the like amount to the satisfaction of the Trial Court for his appearance as and when directed with this condition that in any manner the applicant will not contact or temper the witnesses of this case during currency of this bail. The applicant is also directed to attend each hearing of his trial before the Trial Court out of which this bail arises. Any default in attendance in the Court would result in automatic cancellation of the bail granted by this Court.
M.Cr.C. stands disposed of.
C.C. as per Rules.
Shri Vikram Singh, learned counsel for the applicant. Shri Milind Phadke, learned Government Advocate for the non-applicant/State.
Heard with the aid of case-diary.
ORDER THIS is first bail application under Section 439 of the Code of Criminal Procedure. The applicant is in custody in connection with Crime No.310/2016 registered at P.S.-Barwani, District-Barwani for the offence punishable under Sections 420, 467, 468 and 471 of IPC.
As per the prosecution case, on the basis of forged and fabricated documents, the applicant has procured the loan of Rs.6,90,000/- from the bank in connivance with other co-accused.
Learned counsel for the applicant submits that the applicant is an agriculturist, having no criminal antecedents. There is no evidence that the applicant has prepared forged documents. He has been falsely implicated in this case. He is detained since 05/06/2016; whereas, trial will take time to conclude. In such circumstances, the applicant be released on bail. On the other hand, learned Government Advocate for the non-applicant/State opposes the prayer and prays for dismissal of the application.
At this juncture, learned counsel for the applicant submits that the applicant is ready to deposit cash security of Rs.1,00,000/- (One Lac Rupees). I have considered the overall facts and circumstances of the case, nature of offence and period of detention. I am of the opinion that the applicant has made out a case for grant of bail. Thus, the application is allowed and it is directed that the applicant be released on bail subject to his depositing Rs.1,00,000/- (One Lac Rupees) in cash in the Trial Court or furnishing the FDR of the said amount of any nationalized bank for a period of two years and upon his furnishing a personal bond in the sum of Rs.1,00,000/- (One Lac Rupees) with one local solvent surety in the like amount to the satisfaction of the Trial Court for his appearance as and when directed with this condition that in any manner the applicant will not contact or temper the witnesses of this case during currency of this bail. The applicant is also directed to attend each hearing of his trial before the Trial Court out of which this bail arises. Any default in attendance in the Court would result in automatic cancellation of the bail granted by this Court.
M.Cr.C. stands disposed of.
C.C. as per Rules.
(JARAT KUMAR JAIN) JUDGE