Madhya Pradesh High Court
MCRC/585/2024 of SATISH KUMAR Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWALON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 585 of 2024
BETWEEN:-
SATISH KUMAR S/O MANGILAL, AGED ABOUT 31Y E A R S , OCCUPATION: LABOUR R/O VILLAGEKHAJURIYA KASAM TEHSIL ASHTA DISTRICT SEHORE(MADHYA PRADESH)
(BY SHRI ASHISH SINHA - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICES T A T I O N BILKISHANGANJ DISTRICT SEHORE(MADHYA PRADESH)
(BY SHRI PRADEEP GUPTA - GOVERNMENT ADVOCATE)
.....RESPONDENT
This application coming on for admission this day, the court passed the following:
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ORDER
This is first application filed by the applicant under Section 439 of theCr.P.C. for grant of regular bail relating to FIR No.110/2023, dated 11.05.2023
registered at Police Station-Bilkishganj, District-Sehore (M.P.) for commissionof offence punishable under Sections 420, 406, 34 of IPC. Applicant is indetention since 15.12.2023.
2. As per the prosecution story, applicant who was working as FieldOfficer in Bharat Financial Inclusion Limited Branch Sehore in collusion with co-accused Gulista embezzled an amount of Rs.3,70,000/- from the womengroup which had deposited the amount. FIR was registered. After investigation,charge-sheet has been filed.
3 . Learned counsel for the applicant has submitted that applicant is indetention since 15.12.2023. He has not committed any offence. He is innocent.He has been falsely implicated. He has no criminal background. The trial of thecase will take considerable time. Therefore, it is prayed that the applicant maybe released on bail pending the trial.
4 . O n the other hand, learned counsel for the State has opposed theprayer for grant of bail to the applicant.
5. Offences are triable by Judicial Magistrate First Class. Afterinvestigation, charge-sheet has already been filed. Applicant has no criminalbackground. Therefore, having taken into consideration all the facts andcircumstances of the case including the fact that conclusion of trial will takeconsiderable time, but without expressing anything on the merits of the case, Iam of the view that it is a case in which further pre-trial detention of theapplicant is not warranted. Consequently, this bail application under Section439 of the Code of Criminal Procedure for grant of bail filed on behalf ofapplicant, stands allowed.
6 . It is directed that applicant - Satish Kumar be released on bail onhis furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fiftythousand only) with one solvent surety in the like amount to the satisfaction ofthe trial Court, for his regular appearance before the trial Court during trial witha condition that he shall remain present before the concerned Court on all thedates fixed by it during trial. He shall abide by all the conditions enumeratedunder Section 437(3) of Cr.P.C.
7. This order shall be effective till the end of the trial. However, in caseo f bail jump and breach of any of the conditions of bail, it shall becomeineffective.
Certified copy as per rules.
@shish
(DINESH KUMAR PALIWAL)JUDGE