Sanjay Verma vs State Of Madhya Pradesh

This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No. 729/2018 registered at Police Station Habibganj, District Bhopal (M.P.) for the offence punishable under Sections 420, 467, 468, 471, 201, 120-B of IPC.

As per the prosecution story, the allegation against the applicant is that he alongwith other co-accused has fraudulently received the amount of Housing Board in their account by making conspiracy.

Learned counsel for the applicant submits that the applicant is innocent and he is in custody since 15/07/2019. It is further submitted that applicant is ready to deposit entire amount alleged to be withdrawn fraudulently from the account of Housing Board/complainant in the trial court which may be payable to the complainant. The applicant has no criminal antecedents. The trial will take time to conclude. There is no likelihood of applicant absconding and tampering with the prosecution evidence and his further custody is not required in this case. On the aforesaid grounds, prayer is made to release the applicant on bail.

Learned Government Advocate has opposed the submissions made on behalf of the applicant and prayed for rejection of the bail application.

Heard learned counsel for the respective parties and perused the entire record of the case.

Taking into consideration the entire facts and circumstances of the case and in view of the undertaking given by learned counsel for the applicant to deposit the entire amount in question, but without commenting on merits of the case, this Court deem it proper to release the applicant on bail. In case the entire amount alleged to be withdrawn fraudulently from the account of Housing Board/complainant is deposited in the trial court, payable to the complainant within 15 days or earlier and thereafter, on furnishing receipt of the said deposit, the applicant namely Sanjay Verma is directed to be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with two local solvent sureties in the like amount to the satisfaction of the trial Court for his appearance before the trial Court as and when required further subject to the following conditions:-

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 any offence during the entire period of bail.

The applicant will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court;

The applicant shall inform the Court about his/her address and residence in case the applicant moves out from his/her permanent address for any point of time; and

The applicant shall not contact any of the other accused persons in this case in any manner whatsoever.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

Certified Copy on payment of usual charges.