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[Cites 8, Cited by 1]

Madhya Pradesh High Court

Santosh Bardiya vs The State Of Madhya Pradesh on 11 June, 2021

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                                  1                                   MCRC-7479-2021
                                   The High Court Of Madhya Pradesh
                                             MCRC-7479-2021
                                            (SANTOSH BARDIYA Vs THE STATE OF MADHYA PRADESH)


                      Jabalpur, Dated : 11-06-2021
                                Heard through Video Conferencing.
                                Shri Manish Awasthi, learned counsel for the applicant.
                                Shri H. S. Hora, learned Panel Lawyer for the respondent/State.

This is the first application under Section 439 of the Cr.P.C 1973 for grant of bail to the applicant.

Applicant Santosh Bardiya is under arrest from 12.10.2020 in connection with Crime No. 1081/2020 registered at Police Station Kotwali Damoh District Damoh for commission of offence punishable under Sections 420, 465, 466, 467, 468, 471 and 120-B of the Indian Penal Code.

Counsel for the applicant submitted that he has been made accused on the basis of memorandum of co-accused person. No other evidence is available against him except memorandum of co-accused person. On this ground, he prayed for grant of bail to applicant.

Counsel for the State has opposed the bail application. It is submitted by him that applicant was running a Computer Shop. He was the person, who was instrumental in making forged forest patta. It is further submitted by him that he was used to scan signature and give print out of forged patta to Kishore Dubey. He submitted that Colour Printer, CPU and Monitor have been seized from the applicant. It is submitted by him that some formats of deed have also been seized from the shop of the applicant.

Considering the case diary and the evidence available on record, no incriminating material is available against the applicant. Neither police has found forged patta on the CPU of the applicant nor police has seized any hard disk or pen drive on which forged documents have been found. Only seizure of format of patta will not make out any offence against the applicant.

Considering the facts and circumstances of the case, bail application filed by the applicant is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his appearance before that Court on all dates fixed in this case and for complying with the conditions enumerated under Section 437(3) of the Cr.P.C.

Certified copy as per rules.



                                                                                              (VISHAL DHAGAT)
Signature
 SAN      Not                                                                                      JUDGE
Verified

Digitally signed by
ARVIND KUMAR
DUBEY
Date: 2021.06.11
17:21:03 IST
                                 2   MCRC-7479-2021
                      DUBEY/-




Signature
 SAN      Not
Verified

Digitally signed by
ARVIND KUMAR
DUBEY
Date: 2021.06.11
17:21:03 IST