Ajay Kumar Yadav vs State Of Chhattisgarh

Narendra Kumar Vyas, J

This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 04/03/2024 in connection with Crime No.95/2023 registered in Police Station Hardi Bazar, District Korba (C.G.) for offence punishable under sections 420, 120B, 467, 468, 471 & 409 IPC.

As per the prosecution case, a report was lodged by Block Education Officer, Pali that co-accused Rishi Jaiswal posted in Treasury has misappropriated a sum of Rs.1,04,46,400/- from the account of Government Higher Secondary School, Hardibazar. Based on the said report, crime was registered and during the investigation the applicant was arrested.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He would further submit that the applicant has not committed any offence and he was not posted in the Treasury or having any authority to withdraw the amount from any of the Government fund. He would further submit that the only role of the applicant is that some amount was transferred in his account by the main accused Rishi Jaiswal. According to him, the applicant is a Graduate and preparing for various competitive examinations. Learned counsel would submit that the main accused Rishi Kumar Jaiswal sworned an affidavit (Annexure A/2) that in the alleged transaction the applicant has not played any role. He would further submit that the co-accused have already been released on anticipatory bail as also on regular bail by this Court. He would further submit that in view of the nature of allegation against the present applicant, no offence as alleged is made out and the applicant is in jail since 04/03/2024, therefore, he may be released on bail.

Per contra, learned State counsel opposes the prayer for grant of bail.

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

Taking into consideration the facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties that after investigation the charge-sheet has already been filed, the applicant is in jail since 04/03/2024 and also taking into that the offence is triable by the Judicial Magistrate First Class, without any observation on merits of the case, I am inclined to allow this bail application.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that the applicant shall be released on regular bail upon his furnishing a bail bond in the sum of Rs.25000/- with one local surety in the like sum to the satisfaction of the trial Court on the conditions that:-

a) Applicant shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

b) Applicant shall not, in any manner, tamper with the prosecution witness.

c) If the applicant is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail.

Certified copy as per rules.