Madhya Pradesh High Court
Dharmendra vs The State Of Madhya Pradesh on 4 December, 2019
Author: Sunil Kumar Awasthi
Bench: Sunil Kumar Awasthi
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.49366/2019
(Dharmendra Vs. The State of M.P.)
Indore, dated :04/12/2019
Shri D.S. Parihar, learned counsel for the applicant.
Shri Gaurav Kumar Gupta, learned Public
Prosecutor for the respondent /State.
Heard. Case diary perused.
This is Second application under Section 439, Cr.P.C. for grant of bail in connection with Crime No. 320/2018, Police-Station- Aerodrum- District Indore for commission of the offence under Section 419,420, 467, 468, 471 and 120 (B) of I.P.C. First application of the applicant bearing M.Cr.C.No.36613/2018 has been dismissed as withdrawn by this Court vide order dated 30.10.2018.
As per prosecution story, an examination for recruitment on the post of constable (Trademan) was conducted in B.S.F. The present applicant has appeared in the aforesaid examination, however he was not medically fit for the aforesaid post, therefore, on 02.06.2018 one Vineet was appeared in the medically examination on impersonating himself as Dharmendra. Hence, the aforesaid offence have been registered against the applicant.
Learned counsel for the applicant has submitted that applicant has not committed any offence. It is alleged that applicant being a candidate in the examination conducted for recruitment on the post of constable in BSF made co-accused Vineet to appear in his place during the medical examination because the applicant was suffered colour blindness, therefore, at the most ingredient offence under Section 420 is attracted against the applicant, however, no offence under Section 467, 468 and 471 are not made out against the applicant. The applicant is in custody since 02.06.2018.
2Investigation is over, charge-sheet has been filed. Conclusion of trial will take sufficient long time. In these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.
On the other hand, learned Public Prosecutor for the respondent/State opposed the bail application by contending that on 02.06.2018, medical examination for the post of CS (TM) is going on at Hospital CT (WC), BSF, Indore. In the aforesaid examination one Vineet has appeared impersonating himself as Dharmendra, while identity of the Vineet did not match with the photograph on the application form and his writing, then the board called the biometric machine but his details did not match with the existing data, then on interrogation, it come to know that the present applicant applied for the said post and he appeared in PST and written examination himself but he was suffered from colour blindness, therefore, he arranged the co-accused to appear in the said medical examination in place of him. It is further submitted that the prosecution has already examined 5 witness and trial is in advance stage, hence, he prays for rejection of the application.
After considering the arguments advanced by the learned counsel for the parties and looking to the allegation made against the applicant, this Court is of the view that no case is made out for grant of bail to the applicant. Accordingly, this petition filed under Section 439 of Cr.P.C. is hereby dismissed.
(S.K. Awasthi) Judge praveen PRAVEEN Digitally signed by PRAVEEN KUMAR NAYAK DN: c=IN, o=DISTRICT AND SESSION COURT INDOR, postalCode=452005, KUMAR st=Madhya Pradesh, 2.5.4.20=e98f729464903facdd39c45 4715d6eccc5a350c9111fb019b34da NAYAK ce6d05b8fd5, cn=PRAVEEN KUMAR NAYAK Date: 2019.12.04 14:22:30 -12'00'