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Judgment
10 paragraphs · 578 wordsSandeep N. Bhatt, J
This is first application filed by the applicant under Section 483 of BNSS, 2023 for grant of regular bail relating to FIR/Crime No. 64 of 2024 registered at Police Station- Industrial Area, Jaora, District - Ratlam for commission of offence punishable under Sections 420 and 34 of the IPC. Applicant is in detention since 16/04/2026.
Learned counsel for the applicant has submitted that the applicant is aged around 27 years and the offence registered against applicant is related to sections 420 and 34 of the IPC. He is in behind the bar since 16/04/2026. She further submits that the applicant is ready to deposit further Rs. 8,00,000/- before the trial Court within the time as directed by the Court. The amount of Rs. 1,07,000/- has already been seized from the father of applicant. Considering the willingness and readiness, as also considering the nature of allegation, which is essentially of civil nature, the case of the applicant for grant of bail may be considered.
On the other hand, learned counsel for the State has opposed the prayer for grant of bail to the applicant by submitting that looking to the seriousness of offence and the fact that the applicant is recently arrested i.e. on 16/04/2026 and the investigation is still going on, no relief for bail be considered.
Having taken into consideration all the facts and circumstances of the case and considering the fact that the applicant is aged around 27 years having no criminal antecedent, he is behind the bar since 16/04/2026 as also the fact that the allegation against the applicant is to the extent of Rs. 9, 16,085/-, out of which, as stated at bar, Rs. 1,07,000/- has already been seized by the Investigation Agency from the father of applicant and the applicant is ready to deposit rest of the amount i.e. Rs. 8,09,085/- within reasonable period, as also considering the principle 'bail is the rule, jail is the exception' and also the provisions of Article 21 of the Constitution of India, without expressing any view on the merits of the case, I deem it a fit case to release the applicant on bail. Therefore, the application is allowed.
It is directed that subject to deposit of Rs. 8,09,085/-by the applicant before the trial Court within three working days from today, the applicant shall be released on bail, if he is not required to undergo imprisonment in any other offence, on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial.
So far as the amount, which is deposited by the applicant is concerned, the trial Court will pass an appropriate order after considering the request made by the parties as also considering the facts of present case.
The applicant shall comply with the provisions of Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023. He will not involve himself in any criminal activity, otherwise, it is open for the authorities to prefer application for cancellation of bail.
This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
