Mukesh Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 9383 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                 ON THE 22 nd OF JUNE, 2023
                                         MISC. CRIMINAL CASE No. 15444 of 2023

                           BETWEEN:-
                           MUKESH YADAV S/O SHRI PADAM CHAND YADAV,
                           AGED ABOUT 37 YEARS, OCCUPATION: SERVICE R/O
                           WARD NO.01, PAIJANWADA, TEHSIL PARASIYA,
                           DISTRICT CHHINDWARA M.P. (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI MAKBOOL KHAN, ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH STATION
                           HOUSE OFFICER POLICE STATION UMRAITH DISTT.
                           CHHINDWARA M.P. (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI S. K. SHRIVASTAVA, GOVT. ADVOCATE)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                              ORDER

1. This is first bail application filed under Section 439 CrPC on behalf of applicant who is in custody since 28.12.2022 in connection with Crime No.351/2022 registered at Police Station Umraith, District Chhindwara (M.P.), for the offence punishable under sections 420, 409, 467 and 468 of IPC.

2. Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the case. In Departmental Enquiry applicant was absolved and no guilt could be fixed upon him. It is submitted that applicant is a Dak Sevak and an employee of Central Government. He is Signature Not Verified Signed by: MONSI M SIMON Signing time: 6/23/2023 2:08:32 PM

working in the postal department since last 15 years. There is no likelihood of his absconding from law. Applicant is also ready to deposit the alleged defalcated amount of Rs.1,73,700/- under protest. It is submitted that said amount be subjected to final judgment which will be passed by the trial court. In these circumstances, applicant may be enlarged on bail.

3. Learned Govt. Advocate appearing for the respondent/State opposed t h e prayer for grant of bail. It is submitted that as per prosecution story applicant had prepared forged passbooks and had defalcated the amount. Offence is serious and punishable with life or 10 years with fine. In these circumstances he may not be released on bail.

4. Heard the learned counsel for the parties.

5. Investigation in the case is complete, charge sheet has already been filed and applicant is ready to deposit the alleged defalcated amount.

6. Considering the aforesaid, bail application filed by the applicant is allowed on conditions that :-

(i) Applicant will deposit an amount of Rs.1,73,700/- before the trial court. Said amount will be subject to final judgment which will be passed by the trial court;

(ii) Applicant will co-operate in trial and will not abscond from law.

(iii) Applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties in the like amount to the satisfaction of the trial court for his appearance before the trial court on the dates to be fixed by the trial court.

7. The applicant shall abide by the conditions enumerated under Section 437(3) of Cr.P.C.

C.C as per rules.

Signature Not Verified Signed by: MONSI M SIMON Signing time: 6/23/2023 2:08:32 PM

(VISHAL DHAGAT) JUDGE mms

Signature Not Verified Signed by: MONSI M SIMON Signing time: 6/23/2023 2:08:32 PM