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Madhya Pradesh High Court · body

2020 DIGILAW 1212 (MP)

Budhni Kol v. State Of M. P.

2020-11-10

RAJEEV KUMAR DUBEY

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JUDGMENT Rajeev Kumar Dubey, J. - The proceeding was convened through video conferencing. 2. Heard with the aid of case diary. 3. This is a First application of the applicant Smt. Budhni Kol filed under section 439 Cr.P.C. for grant of bail in connection with Crime No.428/2009 registered at Police Station Garh, DistrictRewa for the offence punishable under Sections 420, 467, 468 & 471 of IPC and Section 13(1)a, 13(2) of Prevention of Corruption Act. 4. As per the prosecution case, the applicant who was the Sarpanch of Village Panchayat Dewas embezzled the government money amounting to Rs.1,78,040/-. 5. Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the offence. Applicant is a lady. The alleged offence is said to have committed by the applicant during the year 2003-2004 while police arrested the applicant on 26.09.2020. Even, the applicant is ready to deposit the alleged amount i.e. Rs.1,78,040/- under protest. The applicant has been in custody since 26.09.2020 and conclusion of trial will take time, hence prayed for release of the applicant on bail. 6. Learned counsel for the State opposed the prayer and submitted that applicant embezelled the government money. So, she should not be released on bail. 7. Looking to the facts and circumstances of the case and the contention of the learned counsel for the applicant and the fact that applicant is a lady and she is ready to deposit the alleged amount i.e. Rs.1,78,040/- under protest and conclusion of trial will take time, without commenting anything on the merits of the case, the application is allowed and it is directed that the applicant be released on bail subject to depositing a sum of Rs.1,78,040/- in fix deposit in any nationalized bank and on depositing receipt of that F.D. before the concerning Court and on furnishing 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 concerned C.J.M/trial Court for her appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. 8. 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. 8. 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 trial; 3. The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the fact 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; 4. The applicant shall not commit an offence similar to the offence of which she is accused; 5. The applicant will not seek unnecessary adjournments during the trial; and 6. The applicant will not leave India without prior permission of the trial Court. 9. The amount so deposited by the applicant in fix deposit, shall be subject to final outcome of the case. C.C. on payment of usual charges.