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Judgment
Nandita Dubey, J
This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.
The applicant is under custody since 13.07.2022 in connection with Crime No.347/2022 registered at Police Station Lalbagh, District Burhanpur for the offence punishable under Sections 406, 409, 420, 120-B and 34 of IPC.
It is submitted by learned counsel for the applicant that the present applicant in no manner connected with the Health Department. He is an employee of the Mandi Board and transferred from Badwani to Burhanpur on 01.05.2020. It is submitted that he came in contact with Dr. Pratik Navlakhe in regard to the treatment of his younger brother who is suffering from Cancer. It is further submitted that he has made an accused on the basis of the memorandum of co-accused Dr. Pratik Navlakhe, who in his memorandum has stated that the present applicant has helped in transferring the amount to different persons.
Learned counsel for the State though opposed the bail application but fairly submits that the present applicant has impleaded as an accused only on the basis of the memorandum of co-accused Dr. Pratik Navlakhe. He points out that a Rs.1,00,000/- has been seized from the possession of the present applicant. However, there is no allegation against the present applicant that he has embezzled or defalcated the amount. He further points out that there are no criminal antecedents registered against the present applicant.
On due consideration of the submissions made by learned counsel for the parties and the fact that the present applicant has been implicated as an accused on the basis of memorandum of the co-accused and he has no criminal antecedents, this application is allowed.
It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety in the like amount to the satisfaction of the trial Court for his appearance on the dates given by the concerned Court. It is further directed that the applicant shall also comply with the provisions of Section 437(3) of Cr.P.C.
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