SUDHIR KUMAR TIWARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicant has preferred this first bail application under Sec. 439 of Cr.P.C. as he is in jail since 5/7/2019 in connection with Crime No. 396/2018 registered in Police Station- Bemetara, District Bemetara (CG) for the offence punishable under Ss. 409 and 420/34 of IPC.

(2.) As per prosecution story, when the present applicant was posted as Samiti Prabandhak in Seva Sehkari Samiti Maryadit, Kusmi from the year 2014 to 2017, he made embezzlement of Rs.91,44,197.17.00 which was found by the Higher Authorities. Therefore, offences under Sec. 409 and 420/34 of IPC registered against the applicant.

(3.) Learned counsel for the applicant submits that the applicant is innocent persons and has been falsely implicated in this case. He submits that the applicant has no criminal antecedents, there is no likelihood of the applicant tampering with the prosecution evidence or absconding, he is in jail since 5/7/2019 and due to Covid-19 pandemic, trial is likely to take some time for its final disposal. Therefore, the applicant be released on bail by this Court. He further submits that as per charge-sheet, there are as many as 18 witnesses and till date only 01 witness has been examined. He also submits that co-accused namely Rakesh Dubey has already been granted bail by the trial Court in the same crime, copy of bail order is marked as Annexure- A/2 in the present bail application. He has placed reliance on the decision in the matter of Sanjay Chandra v. Central Bureau of Investigation, 2012 1 SCC 40.