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2016 DIGILAW 38 (MP)

RAJJU @ RAJKUMAR MALI v. STATE OF M. P.

2016-01-12

SUBHASH KAKADE

body2016
JUDGMENT : 1. Shri S. K. Tiwari, learned counsel for the applicant. Shri D. K. Paroha, learned Panel Lawyer for the respondent/State. Heard on the question of admission. Admit. Perused the Case diary. Heard finally. 2. This is first bail application filed by the applicant under section 439 of the Cr.P.C. for grant of bail. 3. The Applicant is in custody since 27-9-2015 in connection with Crime No. 919/2015 registered at Police Station Kotwali, District Betul (M.P.) for the offence punishable under sections 420, 467, 468 and 471 of Indian Penal Code. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted by learned counsel for the applicant that a loan was sanctioned in the year 2009 and thereafter no action has been taken till FIR lodged by the Bank Officer after five years, i.e., in the year 2014. It is also pointed out that as per document Annexure A/2 a deposit slip of an amount of Rs. 74,653/- shows that the Bank has issued No Dues Certificate in favour of the applicant. The applicant is in custody since 27-9-2015, having no criminal past antecedents and trial would take considerable time in its final disposal, therefore, he may be released on bail. 5. Learned Panel Lawyer for the State opposed the application for grant of bail on the ground that co-accused Anamica Singh released on bail as she was an employee of the Bank and the present applicant is the main accused. 6. On due consideration of the contentions raised by the learned counsel for the parties and over all facts and circumstances of the case, I am of the considered view that it is a fit case to release the applicant on bail, therefore, without expressing any view on the merits of the case, the application is allowed and it is directed that the applicant Rajju @ Rajkumar Mali shall be released on bail on furnishing a personal bond in a sum of Rs. 30,000/- (Thirty Thousand Only) with one surety in the like amount to the satisfaction of the committal Court/trial Court for securing presence of the applicant before the said Court on all the dates of hearing fixed in this regard during trial. 7. Certified copy as per rules.