Ramgopal Kushwaha vs State Of Madhya Pradesh

Mohd. Fahim Anwar, J

This is first bail application under Section 439 of Cr.P.C for grant of bail in connection with Crime No.49/2021 registered at Police Station Ramnagar Distt. Anuppur for the offence under Sections 419, 420, 467, 468, 471, 120-B, 34 of IPC.

As per the prosecution case, the applicant who was working as Mechanical Fitter Helper in 7/8 Rajnagar Colliery, has retired from service on 31.8.2020. It is alleged that the brother-in-law (Sala) of the applicant who was already having identical name of himself and father's name has forged and concocted the Job Card of the applicant after conspiring with him by changing date of birth and on the basis of said Job Card has started to work in another Colliery No. 9/10 Badra Colliery. On the complaint, the matter was investigated and above mentioned crime has been registered against the applicant and co-accused.

Learned counsel for the applicant has submitted that the applicant is an innocent person and he has falsely been implicated in the present offence. On the false report of the complainant, the case has been registered against the applicant. It is also submitted that the applicant has no criminal antecedents and he is ready to furnish bail as per the order and shall abide by all conditions as may be imposed by the Court. He further submits that the applicant is in jail since 8.2.2021 and the trial will take           time for its conclusion.

It is also submitted that the applicant is 61 years old retired person and he has not made or helped the co-accused in making forged Job Card. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.

Per-contra, learned counsel for the respondent-State opposes the bail application.

The allegation against the applicant is that the co-accused has worked in another colliery after concocting the Job Card of the applicant. Considering the facts and circumstances of the case and the fact that the applicant is in judicial custody since 8.2.2021 and the trial will take time to conclude, I am of the considered view that it is a fit case to release the applicant on bail. Therefore, without commenting on the merits of the case, application of the present applicant is hereby allowed.

It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand) with one solvent surety of the like amount to the satisfaction of the committal/trial Court to appear before the court on the dates given by the concerned Court.

It is directed that applicant shall comply with the provisions of Section 437(3) Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to COVID-19 before releasing the applicant.

This M.Cr.C. stands allowed and disposed of.

C.C. as per rules.