KUBER SINGH YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application under Section 439 of Cr.P.C. for grant of bail. Applicant Kuber Singh Yadav was arrested on 22/06/2019 in connection with Crime No.452/2019 registered at Police Station, Madhav Nagar, Katni (MP) for the offence punishable under Sections 420, 468, 469 and 471/34 of the IPC.

(2.) As per prosecution case, on 10/6/2019 Shri Ajay Prakash Mishra, Special Judge Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act lodged a written complaint at P.S. Madhav Nagar, Katni through Sunil Samadhiya, Accountant, District and Sessions Court, Katni averring that co-accused Anand Dubey, resident of Maharana Pratap Ward, Police Station Garhakota, Distt. Sagar and co-accused Anil Kumar Dubey, resident of village Ghinauti Singapatti, Police Station Nohata, Jabera, Distt. Damoh appeared before the Office of District and Sessions Judge and produced their appointment letters for the post of Process Writers before Sunil Samadhiya, Accountant of District Court Katni. On doubting, Sunil Samadhiya examined their appointment letters allegedly issued by the Principal Registrar (Exam), High Court of M.P., Jabalpur and also contacted on phone with the Principal Registrar (Exam), Jabalpur. On that, it was found that the said appointment letter was forged and Principal Registrar (Exam) did not issue the said appointment letter. On that, police registered the Crime No.452/2019 for the offence punishable under Sections 420, 467, 468 and 471 of the IPC and investigated the matter. During investigation, it was found that co-accused Mohd. Gaffar in connivance with Sarita Thakur and Babloo @ Ikram Uddin allured co-accused Anil and Anand to give money on the promise of making Government jobs available to them in the High Court/District Court. They also took money from co-accused Anil and Anand and many other innocent persons on the same pretext. It is alleged that applicant Kuber Singh Yadav is also involved in the crime and he is the person who prepared forged documents and appointment letters. On that, police arrested applicant Kuber Singh Yadav and co-accused Mohd. Gaffar, Sarita Thakur, Babloo @ Ikram Uddin and Kailash Patel and seized Rs.8.88 lac and the forged documents from the possession of applicant Mohd. Gaffar.

(3.) Learned counsel for the applicant submitted that the applicant has not committed any offence and has falsely been implicated in the offence. There is no direct evidence on record to connect the applicant with the crime. Police implicated the applicant with the crime only on the basis of memorandum of co-accused. Although, it is alleged that applicant prepared forged document, but nothing has been recovered from the possession of the applicant. The applicant is in custody since 22/06/2019 and the conclusion of trial will take time. Hence, it is prayed that the applicant be released on bail.