The court granted bail based on the applicant's prolonged detention and the nature of allegations, emphasizing fair trial rights.

Order on Board

14.10.2024

1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 568/2023, registered at Police Station – City Kotwali, District – Mungeli (C.G.) for the offence punishable under Sections 420, 408, 409, 467, 468, 471, 201 and 34 of the Indian Penal Code (For short, IPC).

2. The prosecution story, in brief, is that the complainant Anil Kumar Tamboli made the written report on 20.12.2023 at Police Station Kotwali mentioning that there is embezzlement of the funds in the Municipal Council Mungeli in the collection of fee of cattle market in Mungeli, further the amount has been recovered from the agriculturist more than the fixed amount he sought the information under RTI and after verifying the receipt book as well as the information given by the Public Information OfÏcer it appears that the amount which has been recovered in the market is not deposited in the account. Therefore, on the basis of the report Police registered the offence under Sections 420, 408 read with Section 34 of IPC and investigated the matter, arrested one Ram Kumar Mahilange on 25.06.2024, recorded his memorandum and only on the ground that the present applicant was working as a cashier in the Municipal Council, he was also arrested by the Police. Hence, this application.

3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It has been further submitted that the bail application of the co-accused person, namely, Moris Raj Singh has been allowed by this Court vide order dated 07.10.2024, passed in MCRC No. 6937/2024. The applicant is in jail since 19.07.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.

4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. It has been further submitted that the complainant Anil Kumar Tamboli made the written report on 20.12.2023 at Police Station Kotwali mentioning that there is embezzlement of the funds in the Municipal Council Mungeli in the collection of fee of cattle market in Mungeli, further the amount has been recovered from the agriculturist more than the fixed amount he sought the information under RTI and after verifying the receipt book as well as the information given by the Public Information OfÏcer it appears that the amount which has been recovered in the market is not deposited in the account. Therefore, the applicant is not entitled for grant of regular bail.

5. I have heard learned counsel for the parties and perused the materials available on record.

6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant and period of detention in jail, further the fact that the bail application of the co-accused person, namely, Moris Raj Singh has been allowed by this Court vide order dated 07.10.2024, passed in MCRC No. 6937/2024 and the charge-sheet has been filed in this case, the applicant is in jail since 19.07.2024 and the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case.

7. Let applicant - Yatendra Pandey involved in Crime No. 568/2023, registered at Police Station – City Kotwali, District – Mungeli (C.G.) for the offence punishable under Sections 420, 408, 409, 467, 468, 471, 201 and 34 of the IPC, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed