Madhya Pradesh High Court
Gopal Singh vs The State Of Madhya Pradesh on 22 May, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL
ON THE 22 nd OF MAY, 2024
MISC. CRIMINAL CASE No. 15167 of 2024
BETWEEN:-
GOPAL SINGH S/O SHRI BAHADUR SINGH, AGED
ABOUT 35 YEARS, OCCUPATION: SELF EMPLOYEE R/O
PONDI TEHSIL SENDURKHURD DISTRICDT DEVAS
(MADHYA PRADESH)
.....APPLICANT
(BY MR. SAMAR SINGH RAJPUT - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
S TATION HARSUD DISTRICT KHANDWA (MADHYA
PRADESH)
.....RESPONDENT
(BY MR. C.K. MISHRA - GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the first bail application filed by the applicant under Section 439
of the Code of Criminal Procedure for grant of regular bail relating to Crime
No.14 of 2024 registered at Police Station - Harsud, District-Khandwa (M.P.)
for the offence punishable under Section 409 of the Indian Penal Code.
Applicant is in detention since 18.03.2024.
2. As per the prosecution story, it is alleged that the applicant by
misusing his official position embezzled an amount of Rs.1,09,226/-. Police
registered the case against the present applicant under the aforesaid Sections.
3. Learned counsel for the applicant submitted that applicant is in jail
since 18.03.2024. Applicant is innocent and he has been falsely implicated in
this case. F.I.R has been lodged after two years. In this cae, departmental
enquiry was also conducted and he was terminated. Applicant is ready to
deposit Rs.1,09,226/- under protest. Charge sheet has been filed. Applicant has
no criminal antecedents. The trial of the case will take considerable time.
Therefore, it has been prayed that the applicant may be released on bail pending
the trial.
4. On the other hand, learned counsel for the State has vehemently
opposed the grant of bail to the applicant.
5. Having taken into consideration all the facts and circumstances of the
case, but without commenting on merit of the case, I am inclined to release the
applicant on bail. Consequently, bail application under Section 439 of the Code
o f Criminal Procedure for grant of bail filed on behalf of applicant, stands
allowed on the condition that applicant shall deposit the amount of
Rs.1,09,226/-under protest which shall be deposited in the FDR till final
judgment and shall not be disbursed to anyone.
6. Thereafter, it is directed that applicant 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 in the like amount to the satisfaction of
the trial Court, for his regular appearance before the trial Court during trial with
a condition that he shall remain present before the concerned Court on all the
dates fixed by it during trial. If the said amount is not deposited by the applicant
then bail granted to him shall stand cancelled and he may be sent to jail.
7. In addition to that the applicant shall also abide by the conditions
enumerated in Section 437 (3) of Cr. P. C.
8. Certified copy as per rules.
(PRAMOD KUMAR AGRAWAL)
JUDGE
julie
