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2022 Supreme(MP) 1141

IN THE HIGH COURT OF MADHYA PRADESH
Vishal Dhagat, J.
Devansu Shukla – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 58822 of 2022
Decided On : 12-12-2022

Advocates Appeared:
Amilesh Chaturvedi, Advocate, A.R. Bain, Advocate
Final Result : Allowed

Headnote:

Bail - Criminal Procedure - The court allowed the bail application under Section 439 of the Code of Criminal Procedure, considering the facts and circumstances of the case, and the likelihood of trial taking some time. The applicant was directed to be released on bail on furnishing a personal bond and surety, with specified conditions to abide by.

Fact of the Case:

The applicant was arrested in connection with an alleged embezzlement case and had been in jail since the arrest. The prosecution alleged embezzlement of Rs.15,28,828, but the applicant claimed it was only an irregularity and the amount had been deposited in the account.

Finding of the Court:

The court allowed the bail application, without expressing any opinion on the merits of the case, considering the facts and circumstances, and the likelihood of trial taking some time.

Issues: Bail application under Section 439 of the Code of Criminal Procedure for grant of bail.

Ratio Decidendi: The court considered the facts and circumstances of the case and the likelihood of trial taking some time in allowing the bail application.

Final Decision: The bail application filed by the applicant was allowed, and the applicant was directed to be released on bail on furnishing a personal bond and surety, with specified conditions to abide by.

JUDGMENT

Vishal Dhagat, J. - This is first application under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant.

2. Applicant has been arrested on 09.11.2022 in connection with Crime No.496/2022 for offence under Sections 420, 409 of the IPC and Section 3/7 of the Essential Commodities Act registered at Police Station-Amahiya, District-Rewa (M.P.).

3. Learned senior counsel appearing for applicant submitted that applicant is innocent and has falsely been implicated in the case. Applicant is in jail since 09.11.2022. As per prosecution story, there is allegation of embezzlement of Rs.15,28,828/-. It is submitted that no embezzlement has been done but it was only an irregularity. Amount has been found and same has been deposited in account. On these grounds, he prayed that applicant may be enlarged on bail.

4. Applicant has filed document i.e. Annexure-A/2 which shows that Upper Collector has addressed in letter to District Manager dated 01.11.2022 wherein it has been stated that amount of Rs.15,28,828/- has been deposited in Account No.00000030754386016. Said document has been verified by the State Government.

5. Considering the facts and circumstances of the case, and the fact completion of trial is likely to take some time, without expressing any opinion on the merits of the case, bail application filed by the applicant is allowed. It is directed that applicant be released on bail on furnishing personal bond of Rs.50,000/-(Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.

6. The applicant shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-

    (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

    (b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

    (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

    C.C. as per rules.

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