Mohit Jain vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers.

This is the first bail application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.23/2023 registered at Police Station- Crime Branch, Indore (MP) for the offence punishable under Sections 409, 419, 420, 467, 468, 471, 34 of the IPC. The applicant is in custody since 26/4/2023.

Allegation against the applicant is of defalcation of amount.

Counsel for the applicant has submitted that the involved amount of Rs.68 lakhs being paid today only through demand draft to the complainant and the complainant has no objection if the bail application is allowed. Thus, it is submitted that the bail application be allowed and he be released on bail.

Counsel appearing for the objector/complainant has submitted that he has no objection if the bail application is allowed.

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 as also the documents filed on record, taking note of the fact that the parties have amicably settled their dispute, this Court finds it expedient to allow the present bail 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.25,000/- (rupees twenty five thousand) with one solvent surety in 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.

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.