ABHITABH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this First bail application under Sec. 482 of BNSS/438 of Cr.P.C. for grant of anticipatory bail. Applicant apprehends his arrest in connection with Crime No.89/2025 registered at Police Station Satanwada District Shivpuri (M.P.) in relation to the offence punishable under Ss. 419, 420, 467, 468, 471, 120B of IPC and Sec. 3/4 of Madhya Pradesh Recognized Examination Act.

(2.) As per the prosecution's case, the present applicant has been implicated solely on the basis of a memorandum statement made by co- accused Monu, recorded under Sec. 27 of the Indian Evidence Act. In the said statement, it is alleged that the applicant introduced the co-accused to a third party i.e. Aashish Kumar Saket who eventually appeared in the examination in his place. It is further alleged that an amount of 5,00,000/- was agreed upon to secure his recruitment through the fraudulent updating of his Aadhar Card.

(3.) Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant has been arrayed as an accused solely on the basis of the disclosure statement of a co-accused recorded under Sec. 27 of the Indian Evidence Act, and except for the said statement, there is no material to connect the applicant with the alleged offence. It is also argued that in relation to the same alleged offence, parallel FIRs were registered at different police stations and in those FIRs, the applicant has already been enlarged on anticipatory bails, hence, in the present case also, he deserves benefit of bail. It is further submitted that in similar circumstances, a Co- ordinate Bench of this Court has granted bail to similarly situated accused persons. It is further submitted that there is no likelihood of the applicant absconding or tampering with the prosecution evidence. The applicant undertakes to cooperate fully with the investigation as well as the trial proceedings and is willing to abide by any terms and conditions that may be imposed by this Court while granting bail.