(1.) This is the first application filed by the applicant under Sec. 439 of the Cr.P.C. for grant of bail relating to FIR No. 233 of 2023 registered at Police Station Inderganj, District Gwalior (M.P.) for the offence under Ss. 420, 34 of the I.P.C.
(2.) The allegation levelled against the applicant is that he impersonated himself as an advocate and tried to cheat litigants.
(3.) Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. He is in custody since 2/6/2023. After conclusion of investigation, charge sheet has been filed; therefore, no further custodial interrogation is required any more. There is no cogent evidence on record that applicant cheated to any person. The case is triable by Judicial Magistrate First Class. Learned counsel for the applicant has invited attention of this Court that co-accused Mahendra Singh Chauhan has already been granted the benefit of bail vide order dtd. 9/8/2023 passed in M.Cr.C. No.34389/2023; therefore, he seeks parity. He is permanent resident of District Gwalior (M.P.) and there is n o possibility of his absconding or tempering with prosecution case. On these grounds, he prays for grant of bail to the applicant.