An accused person is entitled to be released on bail if the investigation is completed, charge-sheet has been filed, and there are no reasonable grounds to believe that the accused will abscond or tamper with the evidence.

ORDER

This is the second bail application filed by applicant under Section 439 of Cr.P.C. for grant of regular bail relating to FIR /Crime No. RC 0082022A0019 of 2022, registered at Police Station-CBI Camp, Bhopal, District Bhopal (M.P.) for the offence punishable under Sections 120(B), 468, 467, 420, 409, 471, 477(A) of IPC and Sections 7, 13(2), 13(1)(A) of Prevention of Corruption Act.

2. Learned counsel appearing for the applicant submitted that applicant is in jail for last more than one year. Investigation is completed and charge-sheet has been filed. Entire defalcated amount has also been deposited in the bank. Trial Court is proceeding with the trial. Applicant cannot be kept in jail indefinitely during the entire trial period. In these circumstances, applicant may be enlarged on bail.

3. Learned counsel appearing for the respondent/CBI opposed the bail application. It is submitted that earlier application filed by applicant was dismissed on merits. There is no change in circumstances. Applicant is one of the main accused and he has defalcated the government money by various means. Offences alleged against the applicant are serious in nature. In these circumstances, applicant may be enlarged on bail.

4. Heard learned counsel for the parties.

5. Offences alleged against the applicant are punishable upto 7 years of imprisonment. Investigation is completed and charge-sheet has been filed. Entire defalcated amount has also been deposited. Other co-accused persons were released on bail.

6. Considering aforesaid circumstances of the case, bail application filed by the applicant is allowed.

7. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac 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.

9. C.C. as per rules. (VISHAL DHAGAT) JUDGE vkt