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Judgment
10 paragraphs · 376 wordsG.S. Ahluwalia, J
This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 7.9.2021 in connection with Crime No.47/2019 registered at Police Station Kotwali, District Bhind for offence under Sections 409, 420 of IPC.
It is submitted by the counsel for the applicant that according to the prosecution case, the applicant was an employee of Shriram Transport Finance Limited, Bhind. After recovering the installments from different beneficiaries, it was alleged that the applicant did not deposit the amount of Rs.4,48,000/-. It is submitted that however, after the FIR was lodged, the entire amount of Rs.4,48,000/- has been deposited in the Company and Shriram Transport Finance Limited has also issued a No Objection Certificate on 31.5.2019 Annexure A/2. It is submitted that the applicant is in jail from 7.9.2021 i.e. approximately one month. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the counsel for the respondent/State. It is submitted that the offence was registered in the month of January, 2019 and the applicant remained absconding for two and half years.
Heard the learned counsel for the parties.
Considering the fact that the applicant has already deposited the entire defalcated amount and in the light of order passed by the Supreme Court in the case of Shyam Goyal vs. State of M.P. Passed on 15.6.2021 in SLP (Cri.) No.3598/2021, the applicant can be granted bail. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/-(Rs. One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.
The application for bail is Allowed.