An accused person is entitled to bail if they have been in jail for a long period of time, the investigation is complete, and they are ready to deposit a substantial amount of the defalcated amount.

ORDER

This is second bail application filed under Section 439 of Cr.P.C. on behalf of applicant who is in jail since 23.05.2023 in connection with Crime No.437/2021, registered at Police Station Vijay Nagar, District Jabalpur (M.P.) for the offence punishable under Sections 420, 465, 467, 468, 120-B, 294, 506, 201 and 409 of IPC and Sections 7 and 13(2) of Prevention of Corruption Act.

2. Learned counsel appearing for the applicant submitted that applicant is in jail since last 10 months. Investigation is complete and charge sheet has been filed. As per allegations, an amount of Rs. One Crore has been credited in the joint account of applicant. Main accused in the case is Suresh Matani who is brother of applicant. Said accused alongwith bank officials are stated to have opened loan account and has later on withdrawn money from it. Applicant does not have any overt act. He cannot be held responsible for cheating and forgery if money is deposited in the joint account holder. To show his bonafide, applicant is ready to deposit 50% of the defalcated amount i.e. Rs.50,00,000/- before the trial court. In these circumstances, applicant may be enlarged on bail.

3. Learned Govt. Advocate appearing for the respondent/State opposed the bail application and submitted that applicant was joint account holder along with the main accused and it cannot be said that he does not have any knowledge or intention to commit the crime. In these circumstances applicant may not be enlarged on bail.

4. Heard learned counsel for the parties. 5. Investigation is complete and charge sheet has been filed. Applicant is in jail since last 10 months. He is ready to deposit 50% of the defalcated amount.

6. Considering the aforesaid facts and circumstances of the case, bail application filed by the applicant is allowed on condition that applicant will deposit an amount of Rs.50,00,000/- (Rupees Fifty Lakhs) before the trial court.

7. On deposit of said amount, applicant shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the trial court for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.

8. The applicant shall also 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. (VISHAL DHAGAT) JUDGE mms