Madhya Pradesh High Court
Anil vs The State Of Madhya Pradesh on 6 July, 2018
1 MCRC-14237-2018
The High Court Of Madhya Pradesh
MCRC-14237-2018
(ANIL Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 06-07-2018
Ms. Indu Pande, counsel for the applicant.
Shri R.N. Yadav, Panel Lawyer for the respondent/State.
Heard both the learned counsel for the parties.
This is First application of the applicant Anil filed under section 439 Cr.P.C. for grant of bail in connection with Crime No.284/2017 registered at Police Station City Kotwali, District Burhanpur for the offence punishable under Sections 380, 457, 406 of IPC.
As per the prosecution case, the applicant in connivance with other co-accused Hukum Chand who were the employees of CMS company and did the work of filling the cash in the ATM machines of State Bank of India illegally withdraw total amount of Rs.24.26 lacs from State Bank of India'™s ATM situated at SBI main branch Shanwara Burhanpur.
Learned counsel for the applicant submits that applicant has not committed any offence and has been falsely implicated in the offence. There is no evidence on record to connect the applicant with the crime. The applicant has been implicated in the crime only on the basis of memorandum of co-accused. Nothing has been seized by the police from the possession of the present applicant. The whole amount has been seized by the police from the possession of co-accused Hukum Chand. Even in the CCTV footage of the ATM Machines collected by the police during investigation, it appears that only one person took the amount from the ATM machine and according to case diary statement of Rishav Jain recorded by the police during the investigation that person is co-accused Hukum Chand. Charge-sheet has been filed. The applicant is in custody since 22.02.2018 and the conclusion of trial is likely to take long time, hence prayed for release of the applicant on bail.
Learned counsel for the State opposed the prayer and submitted that sufficient evidence is available on record to connect the applicant with the offence in question so he may not be released on bail.
Looking to the facts and circumstances of the case and as to the fact that nothing has been seized by the police from the possession of the present applicant, the whole amount has been seized by the police from the possession of co-accused Hukum Chand. Even in the CCTV footage of the ATM Machines collected by the police during investigation, it 2 MCRC-14237-2018 appears that only one person took the amount from the ATM machine and according to case diary statement of Rishav Jain recorded by the police during the investigation that person is co-accused Hukum Chand, applicant is in custody since 22.02.2018, charge-sheet has been filed and conclusion of trial is likely to take long time, without commenting on the merits of the case, the application is allowed and the applicant is directed to be released on bail upon his 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 his 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.
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 him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself 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 he is accused;
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.
C.C. on payment of usual charges.
(RAJEEV KUMAR DUBEY) JUDGE (ra) Digitally signed by RANJEET AHIRWAL Date: 2018.07.07 16:19:34 +05'30'