Suresh Bangade vs State Of Madhya Pradesh

Pramod Kumar Agrawal, J

This is the first application filed by the applicant under Section 482 of B.N.S.S. for grant of anticipatory bail, who is apprehending his arrest in connection with Crime No.171/2023 registered at Police Station - Tamiya, District Chhindwara (M.P.) for the offences punishable under Sections 420, 409, 34 of IPC.

As per the prosecution story, the allegation against the applicant and other co-accused is that they have embezzled and fraudulently transferred government money therefore, the aforesaid offence has been registered against the applicant and co-accused.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Applicant is a Government Servant and he was posted as Assistant Grade -II at concerned BEO Office from 01.04.2023. He was posted just before few months from the date of alleged incident. Applicant has not received any money. Only allegation against the applicant is that he has not properly checked the note-sheet and presented the note-sheet alongwith bills before the DDO for signature. Main accused is Hariprasad. Applicant has no criminal antecedents. There is no need of custodial interrogation of the applicant. Therefore, it has been prayed that the applicant may be granted benefit of anticipatory bail.

On the other hand, learned counsel for State has opposed the prayer for grant of anticipatory bail.

Looking to the facts and circumstances of the case and without commenting on the merits of the case, anticipatory bail application filed by the applicant is allowed. It is directed that if the applicant is arrested by the police, then he shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

Applicant shall abide by the following conditions under Section 482(2) of B.N.S.S.:-

(a) Applicant shall make himself available for interrogation by a Police Officer as and when required;

(b) He shall not, directly or indirectly, make any inducement, threat or promise to complainant or witnesses;

(c) He shall not leave India without the previous permission of the Court;

(d) He shall not commit similar offence, of which, he is accused or suspected.

(e) He will further abide by the conditions enumerated in Sub-section

(3) of Section 480 of the B.N.S.S. Certified copy as per rules.