Vishnu vs. The State Of Madhya Pradesh

Held

The Court allowed the application for bail. The reasoning was based on the fact that the amount directly attributable to the applicant was Rs.55,986/-, which the applicant was willing to deposit. The Court also took into account that the applicant had no prior criminal antecedents and this was his first offence. The operative directions included the applicant depositing Rs.55,986/- in a nationalized bank, producing the receipt to the trial court, and furnishing a bail bond of Rs.25,000/- with a surety. The deposited amount is to be subject to the final outcome of the case. The applicant is also required to abide by the conditions under Section 437(3) of the Criminal Procedure Code, 1973. The Court expressly stated that the bail was granted without reflecting on the merits of the case.

Facts

This is an application under Section 483 of BNSS, 2023 / 439 of Cr.P.C. filed by the applicant, Vishnu, who is implicated in Crime No.31/2026 registered at Police Station Kotwali, District Mandsaur, for offences under the B.N.S., 2023. The applicant has been in custody since 24.03.2026. The allegation against the applicant is of embezzlement to the tune of Rs.19,63,400/- by tampering with GST modalities, with the amount attributable to the applicant specifically stated as Rs.55,986/-. The applicant's counsel submitted that this is the applicant's first offence and he is prepared to deposit the amount of Rs.55,986/- in the trial court.

Key Issues

1. Whether the applicant is entitled to be released on bail, considering the amount attributable to him and his lack of prior criminal antecedents? Petitioner's Arguments: The applicant's counsel argued that the applicant is entitled to bail as this is his first offence and he is ready to deposit the amount of Rs.55,986/- attributed to him in the trial court. Revenue/State's Arguments: The counsel for the State opposed the prayer for bail.