An accused can be granted bail if the court is satisfied that the accused will not commit any offence while on bail and will attend the trial regularly.

Headnote:
BAIL - 420, 467, 468, 470, 471, 506 r/w 34 IPC - Second bail application - Allowed - Applicant in detention since 10.05.2023 - Trial of the case will take time - Applicant has deposited Rs.5,00,000/- in the form of FDR before the trial Court - Applicant is only 25 years old young boy - Bail granted on furnishing a personal bond of Rs.50,000/- with one solvent surety in the like amount.
Fact of the Case:

Applicant was arrested on 10.05.2023 for allegedly defrauding Rs.10,00,000/- from the complainant at the pretext of managing government job of computer clerk in Education Department of Government of M.P. and issuing one forged and fake appointment letter to the complainant. He was also accused of taking money from other persons.
Finding of the Court:

Considering the detention period of the applicant and the fact that trial of the case will take time, the court allowed the second bail application.
Issues: Whether the applicant should be granted bail.
Ratio Decidendi: The court considered the applicant's detention period, the fact that the trial of the case will take time, and the applicant's age and lack of prior criminal record in granting bail.
Final Decision: The court allowed the applicant's bail application and directed that he be released on bail on furnishing a personal bond of Rs.50,000/- with one solvent surety in the like amount.

ORDER

This second application under Section 439 of the Cr.P.C. has been filed by the applicant for grant of regular bail in relation to FIR No.218/2023 dated 10.05.2023 registered at Police Station Betul Bazar District Betul (M.P.) for commission of offence under Sections 420, 467, 468, 470, 471, 506 read with Section 34 of IPC. Applicant is in detention since 10.05.2023.

2. Applicant's first bail application was dismissed as withdrawn and not pressed vide order dated 23.09.2023 passed in M.Cr.C.No.35111 of 2023. 3. As per the prosecution story, on 10.05.2023, Dilip Sujane lodged FIR that present applicant defrauded Rs.10,00,000/- (Ten lakhs) from him at the pretext of managing government job of computer clerk in Education Department of Government of M.P. It is also the allegation that he had issued one forged and fake appointment letter to the complainant. It was also the allegation that he had taken money from other persons viz. Arvind, Ajay, Preeti, Rahul, Yogesh and Vijay. FIR was registered. After investigation, charge sheet has already been filed.

4. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. He has deposited Rs.5,00,000/- in the form of FDR before the trial Court. It is also the contention of learned counsel that applicant will not repeat commission of such offence in future. Applicant is only 25 years old young boy. Therefore, it is prayed that the applicant may be released on bail.

5. On the other hand, learned counsel for the State has opposed grant of bail.

6. Considering the detention period of the applicant and the fact that trial of the case will take time, I am inclined to release the applicant on bail.

Consequently, this second bail application under Section 439 of the Code of Criminal Procedure filed on behalf of applicant, stands allowed. 7. It is directed that applicant - Vishal Jaiswal be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

8. However, it is made clear that if applicant is found involved in any other offence of same nature after grant of bail in this case, this bail order shall automatically stand cancelled and police shall be at liberty to arrest and commit him to jail 9. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

10. The trial Court shall pass appropriate order regarding disbursement or return of amount of Rs.5,00,000/- (five lakhs) so deposited by the applicant before it, at the time of final out come of the case.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE b

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