The court granted bail under Section 409 IPC, emphasizing the need for a fair assessment of the appellant's circumstances and ensuring conditions to prevent misuse of liberty.

ORDER :

1. Leave granted.

2. This appeal challenges the judgment and order dated 16.10.2024 passed by the High Court of Judicature for Rajasthan at Jaipur in S.B. Criminal Miscellaneous Bail Application No. 10280 of 2024.

3. The appellant herein has been booked for the crime registered pursuant to FIR No. 77/2024 dated 27.02.2024 lodged with Police Station Kekri City, District Kekri, with respect to offence punishable under Section 409 of the Indian Penal Code, 1860 (for short “IPC”).

4. An application seeking regular bail having been rejected by the High Court vide impugned order dated 16.10.2024, the appellant has preferred the instant appeal.

5. By order dated 02.01.2025, this Court issued notice to the respondent.

6. Heard learned counsel for the appellant in support of the appeal and learned counsel for the respondent-State and perused the material on record.

7. Learned counsel for the appellant submitted that he has been in jail for the last six months or so and the charges against him are prima facie false. Merely because he was the incharge of the liquor depot when there was an inspection and there was an alleged shortage of the liquor stock, the blame could not have been put on the appellant herein. Learned counsel submitted that the appellant has no role in the alleged misappropriation. He is presently 56 years of age and he is already facing suspension and possibly a departmental inquiry. Hence, the impugned order may be set aside and the relief of bail may be granted to him.

8. Per contra, learned counsel for the respondent-State with reference to his counter affidavit submitted that the appellant is a repeat offender as another case the trial is on and the appellant has to cooperate in that trial also. He submitted that there is no merit in this appeal and hence, the same may be dismissed.

9. Considering the facts on record, in our view, the case for bail is made out.

10. We, therefore, allow this appeal and direct as under:

“The appellant shall be produced before the concerned Trial Court as early as possible and the Trial Court shall release him on bail, subject to such conditions as it may deem appropriate to impose to ensure his presence in the proceedings arising out of FIR No. 77/2024 dated 27.02.2024 mentioned above.”

11. It is directed that the appellant shall extend complete cooperation in the ensuing trial.

12. The appellant shall not misuse his liberty and shall not in any way influence the witnesses or tamper with the material on record.

13. Any infraction of the conditions shall entail cancellation of bail granted to the appellant.

14. With the aforesaid directions, the Criminal Appeal is allowed.