IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA th ON THE 13 OF FEBRUARY, 2024 MISC. CRIMINAL CASE No. 4088 of 2024 BETWEEN:-

VIKAS RATHORE S/O SHRI RAMCHANDRA RATHORE, AGED ABOUT 37 YEARS, OCCUPATION: BUSINESS R/O BHILWAT ROAD AMBUA DISTT. ALIRAJPUR (MADHYA PRADESH)

.....APPLICANT (BY SHRI VEER KUMAR JAIN- SENIOR COUNSEL WITH SHRI NAMIT JAIN, ADVOCATE)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION KATHHIWARA DISTT. ALIRAJPUR (MADHYA PRADESH)

.....RESPONDENT (BY SHRI VINOD THAKUR - G.A.)

This application coming on for orders this day, the court passed the following:

ORDER

This is first application filed under Section 439 of Cr.P.C. for grant of regular bail to the applicant, relating to FIR/Crime No.251/2023 registered at P.S. Kathhiwara, District Alirajpur (M.P.) for commission of offence punishable under Sections 420, 409, 120-B of IPC, sec. 74 of IT Act and section 13(1)(a)

and 13(1)(b) of Prevention of Corruption Act.

2. It is alleged that accused persons alongwith co-accused persons have misappropriated Government fund to the tune of Rs.32,60,246/- which was meant for the purpose of meting the school expenses.

Signature Not Verified Signed by: MUKTA

3 . Counsel for the applicant submits that there are total 6 accused persons including Block Education Officers, Accountant and Assistant Teachers. It is submitted that 4 Block Education Officers and Accountant have been granted anticipatory bail by the trial court. It is argued that applicant is neither Govt. servant nor his name was mentioned in the FIR. According to the prosecution,it is alleged that amount was transferred to his account and the allegation is that applicant conspired and facilitated the commission of offence. It is argued that there is no entrustment of public money as applicant is not Government servant. The Drawing and Disbursing Officers have already been granted anticipatory bail by the trial court.

4. Counsel for the State opposed the prayer submitting that a huge amount was transferred in the bank account of present applicant, his wife and co-accused and major part of the amount has already been withdrawn by them.

4. After hearing learned counsel for parties and taking into consideration that applicant is neither Govt. servant nor Drawing and Disbursing Officer, the Block Education Officers who are Drawing and Disbursing Officer have already been granted anticipatory bail by the trial court, the application is allowed. 5 . Accordingly, it is directed that the applicant- Vikas Rathore be released on bail on his furnishing a personal bond for the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent surety in the like amount to the satisfaction of the trial Court, for securing his presence before the said Court regularly on all the dates fixed in this regard during trial on the condition that applicant shall not operate his bank account in question without the permission of the trial court.

C.c. as per rules.

Signature Not Verified Signed by: MUKTA (VIJAY KUMAR SHUKLA)

JUDGE MK Signature Not Verified Signed by: MUKTA