Manohar Aahuja vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

This is second application filed under Section 439 of the Cr.P.C. for grant of bail. Applicant Manohar Aahuja was arrested on 19.09.2017 in Crime

No.393/2017 registered at Police Station Omti, District Jabalpur (M.P.) for the offence punishable under Sections 420, 467, 468, 471/34 of IPC read

with Section 6 of the M.P. Nikshepkon Ke Hiton Ka Sanrakshan Adhiniyam.

The first bail application of the applicant has been dismissed on merits by this Court vide order dated 20.05.2019 passed in M.Cr.C.No.50787/2018.

A s per the prosecution case, applicant Manohar Lal Ahuja and co-accused Naval Kishor and Naveen Tiwari operated Samay Credit Cooperative

Society and they collected money from complainant Manish Chourasia and other innocent persons assuring them that after one year they would return

that amount to them along with interest, but on maturity they did not return that amount to the concerned persons and close down the society office

and they embezzled that amount.

Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the offence. Although, earlier bail

application of the applicant was dismissed on merits by this Court vide order dated 20.05.2019 passed in M.Cr.C.No. 50787/2018 but the applicant has

been in custody since 19.09.2017, trial is still pending and applicant is ready to deposit Rs.3,50,000/- from the alleged amount of Rs.40,00,000/- under

protest. Hence, prayed for release of the applicant on bail.

Learned counsel for the respondent/State opposed the prayer. Although, earlier bail application of the applicant was dismissed on merits by this Court

vide order dated 20.05.2019 passed in M.Cr.C.No.50787/2018 but the applicant is in custody since 19.09.2017, trial is still pending and applicant is also

ready to deposit Rs.3,50,000/- from the alleged amount of Rs.40,00,000/- under protest. So, without commenting on the merits of the case, the

application is allowed and it is directed that the applicant be released on bail subject to depositing a sum of Rs.3,50,000/- (Rupees Three Lacs Fifty

Thousand Only) in fix deposit in any nationalized bank and on depositing receipt of that F.D. before the concerning Court and on furnishing personal

bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for

his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the applicant :-

1.The applicant will comply with all the terms and conditions of the bond executed by him;

2.The applicant will cooperate in the trial;

3.The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade

him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4.The applicant shall not commit an offence similar to the offence of which he is accused;

5.The applicant will not seek unnecessary adjournments during the trial;

and

6.The applicant will not leave India without prior permission of the trial Court.

The amount so deposited by the applicant in fix deposit, shall be subject to final outcome of the case.

C.c. on payment of usual charges.