Suresh Soni And Another vs State Of Madhya Pradesh

This is first application filed on behalf of the applicants under Section 439 of Cr.P.C. for grant of bail.

The applicants have been arrested on 08.07.2019 in connection with Crime No.161/2019 registered by Police Station Multai, District Betul for offence punishable under Sections 406 and 420 of IPC.

The prosecution has alleged that applicants are running private recognized school in the name and style of Jai Maa Laxmi Devi Higher Secondary School Barai, Tehsil Multai, District Betul had collected the examination fees from 38 students amounting to Rs.79,000/- but the same was not deposited by the school in the account of Board of Secondary Education, Bhopal and used the same for their personal expenses due to which the students have been deprived from appearing in the examination of Class-XII, thus, one academic year of the students has spoiled.

Learned counsel for the applicants has submitted that the applicants are innocent, they have no nexus with the alleged crime. In the facts of the present case, prima facie, no case, as alleged, is made out under Section 406 & 420 of IPC against the present applicants. In fact applicants deposited the fees amount through KIOSK but the KIOSK has not deposited the amount in the account of Board of Secondary Education, Bhopal. It is further submitted that when the admit cards of the students were not issued, a request letter was written to Divisional Officer but no action was taken thereon. Thereafter, present applicants apprised the students by way of notice and assured them to get them appear in the examination through Madhya Pradesh State Open School without any fees/other expenses being charged from the students and the students have also given their consent. The applicants are in jail since 08.07.2019. Trial will take a long time to conclude. The applicants are permanent resident of the district and there is no likelihood of their absconding or tampering with the prosecution case. On these grounds prayer is made to enlarge the applicants on bail.

Per contra, learned counsel appearing on behalf of the State has opposed the application and prayed for its rejection on the ground that in view of serious allegations against the applicants they are not entitled for grant of bail.

Heard rival contents of learned counsel for both the parties.

Perused entire documents available on record including the case diary.

Considering entire facts and circumstances of the case as well as the period of incarceration and the fact that trial will take considerable time to conclude but without expressing any opinion on the merits of the matter, this application is allowed. It is ordered that the applicants namely Suresh Soni and Ramesh Soni be released on bail on furnishing a personal bond for the sum of Rs.1,00,000/- (Rupees One Lakh) each with a solvent surety each in the like amount to the satisfaction of the trial court for securing their presence before the said Court on all the dates of hearing fixed in this regard during trial. This order will remain operative subject to compliance of the following conditions by the applicant :-

(1) The applicants will comply with all the terms and conditions of the bond executed by him;

(2) The applicants will cooperate in the trial;

(3) The applicants 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;

(4) The applicant shall not commit any offence during the entire period of bail;

(5) The applicants will not seek unnecessary adjournments during the trial; and

(6) The applicants will not leave India without previous permission of the trial Court.

(7) The applicants shall inform the trial Court about their address and residence in case the applicant moves out from their permanent address for any point of time.

(8) The applicants 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 as per rules.