Ngeshwar vs State of Madhya Pradesh

This first bail application under Section 439 of Code of Criminal Procedure, 1973 (herein after referred to as the Code) has been filed by the applicant for grant of regular bail in relation to Crime / FIR No.58 of 2024 registered at Police Station Thandla District Jhabua (M.P.) for commission of offence under Sections 409 of IPC. The applicant is in jail since 01.06.2024.

As per the prosecution case, the applicant has allegedly embezzled the amount of Rs.34,000/- being posted as Field Officer in LT Finance Company.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the crime. There is no criminal record of the applicant. There is no likelihood of absconding and tempering with the prosecution evidence / witnesses. Charge-sheet has already been filed; and if this applicant is enlarged on bail, he will abide by all the terms and conditions imposed by the Court, therefore, he may be released on bail.

Learned counsel for the respondent - State has vehemently opposed the prayer.

Heard learned counsel for the parties and perused the case diary.

After due consideration, regular bail application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his / her regular appearance before the concerned Court on all the dates fixed by the said Court during trial.

The applicant shall appear before the trial court on all the dates fixed by the trial court without any default.

The applicant shall also comply with provisions of Section 437 (3) of the Code.

This order shall be effective till the end of the trial, however, in case of bail jump and / or breach of any of the conditions of bail, it shall become ineffective.

Accordingly, this M.Cr.C. stands allowed and disposed off.

Certified copy, as per rules.