Arunab vs State Of M.P

Subodh Abhyankar, J

This is the first application under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.698/2021 registered at Police Station Vijay Nagar, District Indore (MP) for offence punishable under Sections 420/34 of IPC. The applicant is in custody since 20/07/2021.

The allegation against the applicant is that he was the employee of Ayurvedic Company Ayush Jyotiraman/Aaya Nirvana health care owned by one Deepak Bhivsana, who offered dealership to the complainant.

Counsel for the applicant has submitted that the applicant is only the employee of the company and has nothing to do with the transaction, which took place between the complainant and the owner of the company Deepak Bhivsana. Counsel has further submitted that otherwise also the total amount involved is Rs.65,278/-, which has already been received by the complainant, which is also substantiated by the affidavit filed by him in the trial Court itself. A copy of which is also placed on record. Thus, it is submitted that charge-sheet has been filed and final conclusion of trial is likely to take sufficient long time, therefore, applicant be released on bail.

Counsel for the respondent / State, on the other hand has opposed the prayer.

Having considered the rival submissions and on perusal of the case diary, this Court finds force with the contentions raised by the counsel for the applicant to allow the application.

Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/-(rupees fifty thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

It is also observed that if the applicant is found in any of the criminal activities, after his / her release on bail, then the present bail order shall stand cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.