Balkishan Choubey vs State Of M.P.

The applicant has been arrested by Police Station Chinor, District Gwalior in connection with Crime No.42/2019 registered in relation to the offence punishable u/S. 409 of IPC.

Learned counsel for the applicant submits that the previous bail application was rejected on 08.07.2019 whereby the Court had directed the applicant to surrender before the trial Court. As per the order of the Court, the applicant surrendered before the trial Court and the trial court rejected the application filed by the applicant. The applicant is in custody since 13.07.2019. The applicant is of 58 year of age. He is Govt. employee. He has never committed the alleged offence with regard to misappropriation of property i.e. loan amount. The applicant is ready and willing to submit the alleged misappropriation amount. There is no possibility of his absconding or tampering with the prosecution case. Under these circumstances and looking to the age of the applicant, counsel for the applicant prays for grant of bail to the applicant.

Learned Public Prosecutor for the State opposed the prayer and submitted that the applicant has misappropriated the government property which is a serious offence. It is further submitted that offences of similar nature have been registered against the applicant. Hence, prayed for dismissal of the application.

Heard learned counsel for the parties and perused the case diary. Considering the submissions advanced by the counsel for the rival parties and the facts and circumstances of the case and the applicant is in custody since 13.07.2019, without expressing any opinion on the merits of the case, this Court deems it appropriate to allow this application in the following terms.

It is hereby directed that subject to depositing the amount in question i.e. Rs.31828/- before the trial Court the applicant shall be released on bail on his furnishing a personal bond of Rs.1,00,000/-(Rupees One Lac Only) with one solvent surety in the like amount to the satisfaction of the Trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquitted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

The applicant shall not commit an offence similar to the offence of which he is accused;

A copy of this order be sent to the Court concerned for compliance as well as copy of the order be given to the learned Public Prosecutor with a direction to keep the same in the concerned case diary.

Certified copy as per rules.