Pal Chand @ Bablu Niyogi vs State Of Madhya Pradesh

Vivek Agarwal, J

This third bail application is filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant-Pal Chand @ Bablu Niyogi, who is in custody since 05.11.2021 in connection with Crime No.200/2021 registered at Police Station Station Road Pipariya, District Narmadapuram (M.P.) for the offence punishable under Sections 201, 379, 420, 467, 468 and 471 of Indian Penal Code.

First bail application was dismissed as withdrawn vide order dated 18.04.2022 in M.Cr.C. No.18653 of 2022 with liberty to renew the prayer after witnesses of seizure are examined and second bail application was dismissed as withdrawn by order dated 23.08.2022 passed in M.Cr.C.No.39146/2022 with liberty to renew the prayer once seizure witnesses are examined before the Court of law.

It is submitted by learned counsel for the applicant that now complainant who had lost his car, has been examined before the trial Court. It is submitted that complainant is also one of the seizure witnesses and he has not supported the seizure. Allegation on the present applicant that he was instrumental in preparing a forged registration plate of U.P. whereas vehicle was taken away from Madhya Pradesh. He submits that trial is going to take long time. Applicant is in custody since 05.11.2021. Hence, prayer is made to enlarge the applicant on bail.

Learned Govt. Advocate submits that 8 cars were seized from the possession of Kamlesh Shivaji and others. Earlier applicant was practising Advocate in RTO office at Varanasi and had developed the skill of preparing forged registration cards. He, therefore, opposes the bail application.

Taking all these facts and circumstances into consideration and specially the fact that complainant has been examined, he is the star witness of the prosecution, there are no chances of tampering with the evidence, 18 more witnesses are yet to be examined, applicant is in custody since 05.11.2021 and trial is going to take time, without commenting anything on merits of the case, this bail application is allowed.

It is directed that applicant - Pal Chand @ Bablu Niyogi be released on bail on his furnishing a personal bond to the tune of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties in the like amount to the satisfaction of the learned Trial Court for his appearance before the said Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.

Certified copy as per rules.