AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
17 paragraphs · 482 words@JUDGEMENTTAG- JUDGEMENT
Vishal Dhagat, J
This is the third bail application filed by applicant under Section 439 of Cr.P.C. for grant of regular bail relating to FIR No. 437/2021 , registered at Police Station-Vijaynagar, District Jabalpur (M.P.) f or the offence punishable under Sections 420, 465, 467, 468, 120-B, 294, 506, 409, 201 of IPC and Section 7 & 13(2) of Prevention of Corruption Act.
Learned counsel appearing for the applicant submitted that co-accused accused in the case has already been enlarged on bail on deposit of 50% of the defalcated amount. It is submitted that as per prosecution story, total defalcated amount is Rs.37,55,000/-. It is further submitted that applicant is ready to deposit 50% of defalcated amount and 50% has been deposited by co-accused, who has been released on bail. In these circumstances, applicant may be enlarged on bail.
3 . Learned Government Advocate appearing for the respondent/State opposed the application. It is submitted that offences are serious in nature.
Heard learned counsel for the parties.
Applicant is said to be Branch Manager in Union of India. Applicant is said to have embezzled the amount in distribution of Mudra Loan. Public money is involved in the case and applicant is ready to deposit 50% of defalcated amount. He is not main accused in the case.
Considering aforesaid circumstances, bail application filed by the applicant is allowed on following conditions :
(i) Applicant shall deposit an amount of Rs.18,77,500/-(Rs.Eighteen Lacs, Seventy Seven Thousand & five hundred Only) before the trial Court, which will be kept in form of FDR.
(ii) Amount deposited by applicant will be disposed off at the time of final judgment which will be passed by the trial Court.
(iii) Applicant will cooperate in trial and will appear in trial as and when required.
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 two sureties 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.
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.
C.C. as per rules.