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Judgment
Heard on this first application for bail under Section 439 o f Cr.P.C. filed on behalf of the applicants. The applicants are in jail in connection with
Crime No.513/2019 registered at Police Station Kamlanagar, District Bhopal for commission of offence punishable under Section 420, 467, 468, 471
and 34 of the IPC.
The case of the prosecution against the applicants, in short, is that the applicants conspired with other co-accused and prepared a forged death
certificate of complainant L.P. Barsaiya and his wife. They are having one daughter Pushplata. One lady appeared as Pushplata impersonating
original Pushplata and tried to sale out the property. When complainant L.P. Barsaiya went to Municipal Corporation for depositing the tax, he came
to know that property is being sold out by some other persons. He immediately reported this matter to the Police. Police started investigation. After
investigation, Police found a connivance of the applicants for preparing forged death certificate and tried to sale out the land to one Banbari Lal Patel.
Learned counsel for the applicants submits that other co-accused Shakeel and Laik Ahmad have already been acquitted vide judgment dated
10.01.2020 passed in S.T. No.869/2019. Learned counsel drew the attention of this Court towards the findings recorded in the judgment in para 62 to
The applicants are in judicial custody since 19.03.2020 and conclusion of the trial will take considerable time, therefore, it has been prayed that the
applicants may be released on bail.
Learned Panel Lawyer for the respondent/State opposes the application and submits that during investigation both the applicants remained absconded.
Police could not arrest them. After declaring them as absconded, Police submitted the charge-sheet.
Having heard learned counsel for the parties and on perusal of the copy of judgment filed along with this application, it emerges out that complainant-
Lok Pal Barsaiya (PW-1) categorically stated that he is having property as MIG-149 in Kotra Sultanabad, Bhopal and he purchased the said property
in May, 2004 for Rs.7 Lakh. That house was vacant for a long time. When he went to Municipal Corporation to deposit the tax, he came to know that
some persons are trying to sale out the property after preparing the forged death certificate of Lok Pal Barsaiya and his wife. He submitted his
written complaint as EX.P/1.No doubt, there is evidence available against the applicants and they remained absconded till conclusion of sessions trial.
It shows that if applicants are released on bail, there is chance of their absconding; therefore, the applicants are not entitled for grant of bail.
Keeping in view the facts and circumstances of the case, particularly, looking to gravity of offence and in the opinion of this Court, it is not a fit case
to enlarge the applicants on bail.
Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicants-Bablu @ Aajam Khan and
Sanjay Jain deserves to be and is accordingly dismissed.