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2020 DIGILAW 1011 (MP)

Rajni Sahu v. State Of Madhya Pradesh

2020-10-06

NANDITA DUBEY

body2020
JUDGMENT Nandita Dubey, J. - Heard. 2. Case diary perused. 3. The applicant has filed this first bail application under section 439 of the Cr.P.C. for grant of bail. 4. The applicant is in custody since 28.08.2020 in connection with Crime No. 19/2020 registered at Police Station Seoni Malva District Hoshangabad (M.P.) for the offences punishable under Section 406 of IPC. 5. As per prosecution, co-accused Akash, who is a Field Officer (Relation Officer) in the IDFC First Bank has collected Rs. 5,02,060/- from 114 customers but failed to deposit the same in the Bank. It is alleged that out of this amount, Rs.2 lacs has been given to Rajni Sahu. 6. Learned counsel for the applicant submits that the present applicant is in custody since 28.08.2020 and he has been made accused on the basis of the memorandum of the co-accused Akash. It is further submitted that the applicant is ready to deposit Rs.2 lacs before the concerned Magistrate in the aforesaid crime number. 7. On the other hand, learned Panel Lawyer vehemently opposed the bail application and prayed for its rejection. However, it is fairly submitted that the present applicant has been made accused only on the basis of the memorandum of the co-accused Akash and there are no criminal antecedents against the present applicant. It is stated that apart from the offence under Section 406 of IPC sections 409 and 120-B of IPC have also been added against the present applicant. 8. Considering that the present applicant has been made accused only on the basis of the memorandum of the co-accused Akash and as he is ready to deposit Rs.2 lacs before the concerned Magistrate in the aforesaid crime number, this application is allowed. 9. It is directed that applicant Rajni shall be released on bail subject to deposit of Rs. 2 lacs before the concerned Magistrate and on her furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for her presence before the said Court on all the dates of hearing fixed in this regard during the trial. 10. This order will remain operative subject to compliance of the following conditions by the applicant :- 1. The applicant will comply with all the terms and conditions of the bond executed by her. 2. 10. This order will remain operative subject to compliance of the following conditions by the applicant :- 1. The applicant will comply with all the terms and conditions of the bond executed by her. 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench. 5. The applicant will not seek unnecessary adjournments during the trial; and 6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 7. The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt. during release, travel and residence of the petitioner during period of bail as a consequence of this order. 11. A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Ms. Anjali Shrivastava, learned Panel Lawyer, on their respective e-mail address, for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the learned Court below. 12. Certified copy/e-copy as per rules/directions.