Bail granted based on custody duration and lack of prior criminal record.

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER

6 01-12-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Paliganj P.S. Case No. 285 of 2022, instituted for the offences punishable under Sections 419 , 420, 409 and 34 of the Indian Penal Code .

3. The prosecution case, in short, is that the petitioner along with other co-accused person has misappropriated Rs.

13,78,500/- under Mukhyamantri Payjal Yojna.

petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. petitioner was a member of the Execution and Management Samiti of the Ranipur, Kurkuri Panchayat. It is next submitted that no any discrepancies have been made from the side of the petitioner rather all the fund amount was given to co-accused, namely, Geeta Devi or to the person assigned with the work. It is further submitted that around ten lakh rupees was given through NEFT to the private agency from time to time, out of that, work of about Rs. 9,36,479/- was completed but as per M. Book, after deduction, the amount comes to Rs. 8,51,259/-. The petitioner is in custody since 30.03.2025 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Paliganj P.S. Case No. 285 of 2022, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

8. The learned Court below is directed to expedite the process of framing of Charge. (Rudra Prakash Mishra, J)

Rajorshi/- U T