Anilpatel vs State Of Madhya Pradesh

Vishal Dhagat, J

This is the first bail application filed by applicant under Section 439 of Code of Criminal Procedure for grant of regular bail relating to FIR No.214/2023, registered at Police Station-Pipariya, District Narmadapuram (M.P.) for the offence punishable under Sections 420, 409, 467, 468, 471 and 34 of IPC.

Learned counsel appearing for applicant submitted that investigation in the case is complete and charge-sheet has been filed. Applicant is in jail for last more than six months. Other co-accused persons were released on bail. In these circumstances, applicant may also be released on bail.

Learned Government Advocate appearing for the State opposed the bail application and submitted that role of applicant is different from other co- accused persons. He is directly involved in cheating the bank by playing fraud and replacing gold ornaments.

Heard learned counsel for the parties.

Investigation is complete and charge-sheet has been filed in the case. Applicant is no longer required in custody for investigation. Applicant is under trial prisoner and his guilt is yet to be proved in Court.

Considering period of custody and facts of the case, without commenting on merits of the case, bail application filed by the applicant is allowed. It is directed that the applicant shall be released on bail on furnishing personal bond of Rs.50,000/ (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.

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.

Certified copy as per rules.