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The applicant has been made as an accused on the basis of backdated forged rent agreement, which has been shown to be executed between the applicant and co-accused Nikunj Vyas, who was alleged to drive the vehicle when it was overturned.

Learned counsel for the applicant submitted that the applicant has not committed any offence and has falsely been implicated in the crime. It is further submitted that nothing has been seized from the possession of the applicant. The applicant was made as an accused being owner of said vehicle but it was given on rent to co-accused who was driving when it was overturned. No case of similar nature has previously been registered against the applicant. It is also submitted that the applicant is a permanent resident of District-Jabalpur. He is ready to furnish adequate surety and shall abide by all terms and conditions imposed upon him. There is no chance of his 2 MCRC-44366-2020 absconding or tampering with the evidence. Other similar situated co-accused has already been released on bail by this Court. There is no probability of his absconding or tampering with the evidence of the prosecution. The applicant is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. Besides the above, he further submits that his wife is suffering from brain tumor and no male member in his family to look after her, he has also two daughter aged 7 years and 3 years respectively. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.

Learned Panel Lawyer for the respondent/State on the other hand has opposed the bail application and submitted that the alleged vehicle in which the illicit liquor was transported belongs to the applicant. He further submits that applicant has also prepared backdated agreement in the name of co- accused to escape from criminal liability. Therefore, he prays for rejection of this bail application.

On perusal, applicant was not found present on the spot and nothing has been seized from his possession. Applicant is made as an accused only on the basis of memorandum statement of co-accused and being registered owner of said vehicle. The applicant submits that he has given the said vehicle to co-accused on rent after executing rent agreement, however, co-accused stated in his memorandum that applicant has prepared forged backdated agreement to impose criminal liability upon him.