Madhya Pradesh High Court
Makrand Singh vs The State Of M.P on 5 January, 2022
Author: Rajeev Kumar Dubey
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.44156/2021
(Makrand Singh Vs. The State of M.P. )
1
Jabalpur, Dated : 05 / 01 / 2022
Shri Satyam Agrawal and Shri B.S. Kushwaha, learned
counsel for the applicant.
Shri Alok Gupta, learned P.L. for the respondent-State.
Heard with the aid of case diary.
This is the first bail application filed by the applicant
Makrand Singh under Section 438 of CrPC for grant of
anticipatory bail.
The applicant apprehends his arrest in connection with
Crime No. 109/2021, registered at P.S.- Naigadhi, District -
Rewa. under Sections 420, 467, 468, 471, 120-B of IPC.
As per the prosecution story, on 27.03.2021 Tehsildar, Tehsil
Naigadi, Distt. Rewa lodged a written complaint at police station
Naigadi, Distt. Rewa averring that on 27.03.2021 Ramsagar Saket,
Dak Runner Lok Seva Kendra, Tehsil Naigadi collected one
application from applicant Makrand Singh which was filed by the
applicant on behalf of Pardeshi Prajapati for getting copy of the
judgment, order passed by Naib Tehsildar, Circle Kharra in case
No. 127/ v -27/ 2020-21 dated 08.03.2021and Partition deed. The
applicant also attached a photocopy of that judgment and Partition
deed for certification. On examination, it was found that the
documents which were filed by the applicant along with the
application were forged. It was also found that in revenue case
No. 127/ v -27/ 2020-21 no order was passed by the Tehsildar on
08.03.2021. On that, police registered crime No. 109/2021 against
the applicant for the offence punishable under section 420, 467,
468, 471, 120-B of IPC in which the applicant apprehends his
arrest.
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.44156/2021
(Makrand Singh Vs. The State of M.P. )
Learned counsel for the applicant submits that the applicant
is innocent and has falsely been implicated in this case. It is
further submitted that the applicant filed the said application at the
behest of Pardeshi Prajapati. He did not know that the documents
given by Pardeshi Prajpapati were forged. Applicant has no
criminal past. He is an Advocate and is ready to cooperate in the
investigation and trial. In the event of arrest, his reputation will be
ruined. Under these circumstances, the applicant prays for bail.
Learned counsel for the State opposed the prayer and
submitted that applicant, knowingly that the documents were
forged, filed those documents along with the copying application
for getting those documents certified from Tehsil Office, so he
should not be released on anticipatory bail.
Looking to the facts and circumstances of the case and the
contention of the learned counsel of the applicant and the fact that
there is no evidence on record to show that the applicant was well
aware that documents attached with the copying application were
forged, filed copying application along with those documents, he
has no criminal past, without anything commenting on merits of
the case the application is allowed. It is directed that in the event
of arrest by Police in the aforesaid case, the applicant shall be
released on bail on his furnishing personal bond in the sum of
Rs.50,000/- (Rs. Fifty thousand only) with a solvent surety in the
like amount to the satisfaction of the Arresting Officer for his
regular appearance before the Police during the investigation or
before the Court during trial.
This order will remain operative subject to compliance
of the following conditions by the applicant :-
1. The applicant will comply with all the terms and
conditions of the bond executed by him;
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.44156/2021
(Makrand Singh Vs. The State of M.P. )
2. The applicant will cooperate in the investigation/trial, as
the case may be;
3. The applicant will not indulge himself in extending
inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade him/her
from disclosing such facts to the Court or to the Police
Officer, as the case may be;
4. The applicant shall not commit an offence similar to the
offence of which he is accused;
5. The applicant will not seek unnecessary adjournments
during the trial; and
6. The applicant will not leave India without prior permission
of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the concerned Station House
Officer for compliance.
C.C. as per rules.
(Rajeev Kumar Dubey)
sarathe Judge
Digitally signed
by NAVEEN
KUMAR SARATHE
Date: 2022.01.06
10:24:12 +05'30'
