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Judgment
Vivek Rusia, J
This is the first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.3/2021 registered at police station Kishanganj,
District Indore for the offence punishable under section 379, 420 of I.P.C.
As per prosecution on 01.01.2021, the present applicant alongwith co-accused has illegal withdrawn amount of Rs.60,000/-from the account of
complainant. During the investigation, police collected footage of ATM in which applicant and co-accused visible. After arrest, applicant admitted his
participation in the crime and on the basis of his statement police also recovered Rs.10,000/- from him.
Learned counsel for the applicant submits that applicant is first offender. The offence registered against the applicant is triable by the Judicial
Magistrate First Class. He is in custody since 06.02.2021. Hence, he be released on bail.
Learned Panel Lawyer for the respondent opposes the bail application by submitting that the co-accused has not been arrested, who happens to be
nephew of the applicant. The applicant and co-accused are clearly visible in the CCTV footage. Hence, his bail application may be rejected.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the applicant, but without commenting on
merits of the case, the bail application filed by the applicant is allowed .
It is directed that the applicant be released from custody on his depositing Rs.50,000/- before the concerned trial Court and also on his furnishing a
personal bond in the sum of Rs.25,000/- (Rupees twenty five Thousand Only) with one solvent surety of 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 Court concerned during trial
and shall also abide by the conditions enumerated under Section 437(3) of Cr.P.C.
It is made clear that amount of Rs.50,000/- shall be kept in FDR in a nationalized bank and the same shall be disbursed to the person who is found
entitled after conclusion of the trial.
Before releasing the applicant trial court shall verify about the criminal antecedents regarding Excise Act, if any, criminal antecedent of the applicant
is found then this order shall be treated as cancelled without reference to this Court.