Rajnish Gour vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

In the absence of learned counsel for the parties, the matter is considered on the basis of case diary and the averments made in the application by the applicant.

This is the first application under Section 439 of Cr.P.C for grant of bail. Applicant Rajnish Gour was arrested on 30.11.2021 in connection with Crime No.10/2019 registered at Police Station Singhpur Distt. Shahdol (M.P.) for the offences punishable under Sections 409, 420, 34 of IPC.

As per the prosecution case, it is alleged that applicant in connivance with co-accused misappropriate the government fund.

Ms. Rashi Gour daughter of the applicant submits that the applicant is innocent and has falsely been implicated in the offence. Earlier Coordinate Bench of this Court granted anticipatory bail to the applicant vide order dated 15.03.2019 passed in M.Cr.C.5664/2019 with the condition to deposit the amount of Rs.30,000/- but due to some unavoidable reason, applicant could not deposit that amount in time, so learned trial Court rejected the applicant's bail application. She further submitted that the amount has already been deposited by the applicant alongwith interest. Applicant has no criminal past. He has been in custody since 30.11.2021 and conclusion of trial will take time, hence it is prayed that the applicant be released on bail.

State in his objection averred that applicant misappropriate the government fund, so he should not be released on bail.

Looking to the facts and circumstances of the case and the fact that earlier Coordinate Bench of this Court granted anticipatory bail to the applicant vide order dated 15.03.2019 passed in M.Cr.C.5664/2019 with a condition to deposit a sum of Rs.30,000/-, that amount has already been deposited by the applicant, applicant has no criminal past, he is in custody since 30.11.2021, conclusion of trial will take time, without commenting on merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his 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 concerned 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 :-

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

The applicant will cooperate in the trial;

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;

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

The applicant will not seek unnecessary adjournments during the trial; and

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

C.C. on payment of usual charges.