Order on Board

13/12/2023

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.118/2023 registered at Police Station Tilda-Nevra, District Raipur (C.G.) for the offences punishable under Sections 420 and 409 of the IPC.

2. Case of the prosecution, in brief, is that the accused/applicant has worked as a Commission Agent and G.I. Wire amounting Rs.26,24,520/- of the company of the informant/complainant as Krishna Industry Private Limited alleged to be transported to Surya Industries Ahmadnagar (Maharashtra) through Jai Bhagwan Transport Vehicle has been sold to another company thereby the applicant has committed the offense as mentioned above and filed the charge-sheet before the concerned Court.

3. None appears nor is any representation made on behalf of the applicant to press this application when the case is called out.

4. It transpires from the record that the applicant is in jail since 20.07.2023, hence, the Court proceed to consider and decide the bail application on the basis of materials available on record.

5. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application.

6. I have heard learned counsel appearing for the parties and perused the case diary.

7. Taking into consideration the facts and circumstances of the case and and the fact that charge-sheet has been filed and no further investigation is required to be done and that the applicant has no criminal antecedents, the applicant is in jail since 20.07.2023 and the conclusion of the trial would take some time, this Court is of the view that the applicant is entitled to be released on bail in this case.

8. Let the Applicant-Raja Tiwari, involved in Crime No.118/2023 registered at Police Station Tilda-Nevra, District Raipur (C.G.) for the offences punishable under Sections 420 and 409 of the IPC , be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C.

is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.

9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial in accordance with law expeditiously, if there is no legal impediment.

10. If the trial of the applicant has been concluded, the present order shall not be given effect to.

11. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. -