Naresh Kumar vs State Of Rajasthan

Kuldeep Mathur, J

This anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with FIR No.152/2022 registered at Police Station Sumerpur, District Pali for the offences under Sections 420, 406, 409 and 120B IPC.

Learned counsel for the petitioner submitted that allegation against the present petitioner is that he misappropriated/embezzled a sum of Rs.2,40,000/- from the funds of Panchayat Samiti Sumerpur, District Pali in the financial years 2019-20 and 2020-21, received under the ‘Pradhanmantri Awas Yojana’. Learned counsel submitted that the petitioner has been falsely implicated in the present case. Learned counsel further submitted that the amount allegedly misappropriated/embezzled by the petitioner has been deposited in the office of Panchayat Samiti, Sumerpur, District Pali. Learned counsel submitted that the petitioner was granted interim protection by a coordinate Bench of this Court vide order dated 13.09.2022 and there is no allegation that the petitioner misused the liberty granted to him.

Lastly, learned counsel submitted that since the amount allegedly misappropriated/embezzled by the petitioner has already been deposited; no recovery is due to be made from him and his custodial interrogation is not required, no fruitful purpose would be served by sending him behind the bars. It was thus prayed that the petitioner may be released on anticipatory bail.

Learned Public Prosecutor has vehemently opposed the prayer for anticipatory bail. However, he was not in position to refute the fact that the amount allegedly misappropriated/embezzled by the petitioner has already been deposited by him.

Heard the learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the bar, this Court is inclined to grant anticipatory bail to the petitioner under Section 438 Cr.P.C.

Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner-Naresh Kumar S/o Sh. Champa Lal in connection with F.I.R. No.152/2022 registered at Police Station Sumerpur, District Pali, the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- each along with two sureties of Rs.25,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-

(i). that the petitioner shall make himself available for interrogation by a police officer as and when required;

(ii). that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer; and

(iii). that the petitioner shall not leave India without previous permission of the court.