ORDER

Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 50/2019 registered at P.S – Rajgarh (M.P.) for commission of offence punishable under Sections 420, 409, 34 of IPC.

As per prosecution story, the applicant has committed the offence of cheating and criminal breach of trust alongwith the other co-accused. The applicant was working as a Computer Operator at Siddhi Vinayak Marketing and Processing Cooperative Society, Rajgarh, Dhar. Under the Farmer Welfare Scheme every year purchase of Rabi and Kharif yields are made by the government at Minimum Support Price. Siddhi Vinayak Marketing and Processing Cooperative Society was chosen as Procurement Center for purchase of three types of food grains - Chana, Masoor and Sarson under MSP Scheme. The purchase transaction was done under the supervision of the co-accused Bhuvan Singh who was acting as a Manager, Siddhi Vinayak Marketing and Processing Cooperative Society. Upon the instructions and the details provided by the co-

accused Bhuvan Singh, the applicant recorded the data in accordance with the Receipts provided by the another co-accused Jitendra Sharma. The applicant along with the other co-accused have been arrested for the offence U/ss 420, 409 and 34 of IPC Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. His earlier bail application has been dismissed as withdrawn. He was only the data entry operator in the said society and he is not the beneficiary and has not received any money from any person. He was only responsible for online entry of received money, which were given to him by Jitendra Sharma.

Investigation is over and charge-sheet has been filed, therefore, no further custodial interrogation of the applicant is required..

Applicant is in custody since 06/04/2022. He is permanent resident of District- Dhar . There is no apprehension of his fleeing away from the court of justice. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per-contra, learned PL for respondent – State opposes the bail application and prays for its rejection by submitting that such type of fraud has been committed by present applicant with so many persons; huge amount of public money has been misappropriated by present applicant and other co-accused person;

co-accused Vindesh is still absconding, therefore, present applicant does not deserve for bail.

Perused the impugned order of the trial Court, the statements of the witnesses as well as the case dairy.

Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature and gravity of allegation as also taking note of the fact that being data entry operator, present applicant was responsible for generating bills;

52.82 quintals gram pulse (chana dal) and 2.12 quintals of lentil pulse (masoor dal) have been misappropriated; other co-accused persons are still absconding; in view of the material evidence available on record, at this stage, this Court is not inclined to grant bail to present applicant.

Accordingly, present application filed under section 439 of Cr.P.C has no force and is hereby dismissed .

CC as per rules.

(ANIL VERMA) J U D G E amol