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Judgment
J. P. Gupta, J
This is first bail application filed by the applicant-accused under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.66/2019
registered at Police Station Makroniya, District Sagar, for the offence punishable under Sections 420,467,468 & 471 of the IPC.
The allegation against the applicant is that he on the basis of false evidence, got caste certificate and submitted the same for Constable Selection
Recruitment Examination-2017.
Learned counsel for the applicant submitted that the applicant is innocent. He is in custody since 2.10.2020. Charge-sheet has been. Trial will take
time to conclude. Further submitted that the competent authority who had issued the caste certificate has not cancelled the certificate and no
opportunity has been given to him to prove the certificate to be in accordance with law. Looking to the facts and circumstances, applicant's further
custody is not warranted. The applicant has no criminal antecedents. There is no likelihood of his absconding or tampering with the prosecution
evidence. Hence, the appellant be enlarged on bail.
Learned Panel Lawyer opposed the application and prayed for its rejection.
Having considered the contentions of the learned counsel for the parties and in view of this Court, applicant's custodial trial is not warranted, this
application is allowed. It is ordered that the applicant-accused Sumit Kumar Gadariya be released on bail on his furnishing personal bond for the sum
of Rs.40,000/- (Rs. Forty thousand only) with a solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before
the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section
437 of Cr.P.C.
Certified copy as per rules.