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Judgment
Vivek Rusia, J
This is the repeat (THIRD) application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.95 of 2023 registered at Police Station - Bherugarh, Ujjain, District Ujjain (M.P.) for commission of offences punishable under Sections 409, 420, 467, 468, 471 & 120-B read with Section 34 of the Indian Penal Code,1860 (herein after referred to as IPC) on the basis of change in the circumstances. The applicant is in custody since 22.03.2023. Earlier bail application Miscellaneous Criminal Case No.45685 of 2023 of the applicant was dismissed by this Court vide order dated 08.11.2023.
As per the prosecution story, applicant along with main accused Ms. Usha Raj, who was working as Jail Superintendent and posted at Bhairavgarh Jail, Ujjain, misappropriated the provident fund money to the tune of Rupees Fifteen Crores of various employees. Smt. Usha Raj opened a joint account with her daughter i.e. Utkarshini Raj and also took Locker No.1 in the State Bank of India. The Police found some cash, ornaments and properties document in the said locker.
The allegation against the present applicant is that an amount of Rs.2,00,000/- was transferred to his account by one Ripudaman Raghuvanshi and the same amount of cash was recovered from his possession.
The applicant is claiming parity with co-accused Jagdish Parmar, who has been granted bail by this Court in Miscellaneous Criminal Case No.587 of 2024 vide order dated 10.01.2024. The charges against the present applicant is only under Section 420 of IPC and Section 7-C of the Prevention of Corruption Act, 1988 read with Section 120-B of IPC. An amount of Rs.2,00,000/- (rupees two lakhs) is said to have been transferred in his account, which has been recovered by the Police. Therefore, the investigation is complete. The charge sheet has been filed. No further custodial interrogation is required.
Considering the totality of the facts and circumstances of the case, nature of accusation and without expressing any opinion on the merits of the case, I deem it proper to enlarge the applicant on bail, maintaining parity with co-accused Jagdish Parmar.
Accordingly, the application is allowed. Applicant - Harish Gehlot S/o Radheshyam Gehlot is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with on solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial during the pendency of the trial. It is further directed that the applicant will comply with the provision of Section 437(3) of the Cr.P.C.
The present bail order shall be effective till the end of the trial, however, in case of bail jump, the present order shall become ineffective.
Certified copy, as per Rules.