VISHAL DHAGAT
Devansu Shukla – Appellant
Versus
State of Madhya Pradesh – Respondent
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 th
The court may grant bail considering the accused's first offender status, the filing of the charge sheet, and the likelihood of a prolonged trial.
An accused is entitled to be released on bail if the investigation is complete and the charge-sheet has been filed, and the completion of trial is likely to take a long time.
Bail is a right under Article 21 of the Constitution, and the burden of proof lies on the prosecution to demonstrate the necessity of continued detention.
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