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Judgment
21 paragraphs · 392 wordsVivek Rusia, J
This is first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.205/2021 registered at police station Industrial Area
Ratlam for the offence punishable under section 384, 385, 386, 34, 420, 120-B IPC and u/s 3,4,5 of the Prize Chits and Money Circulation Schmes
(Banning) Act & u/s ¾ of the M.P Protection of Debtors Act.
As per prosecution story, complainant - Gagan lodged the complaint on 25.3.2021 alleging that he took the loan of Rs. One Lakh from Deepu Taank in
the month of March, 2019 and he has returned Rs.95,000/- and for the remaining amount he has given the blank cheque to him and despite that
present applicant who is working in the office of Deepu Taank along with other co-accused are threatening him for extortion of money.
Accordingly,the police has registered the case against the applicants for the offences, stated aforesaid.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The investigation is complete and challan has
been filed. No further custodial interrogation is required. He is in custody since 26.3.2021 and the dispute is purely a money transaction and the same
has unnecessarily been given the colour of criminal case. A compromise has been arrived at between the parties, hence prays for grant of bail to the
applicant.
On the other hand, learned Panel Advocate opposes the prayer and prayed for rejection of the application. However, the learned counsel appearing
for the complainant submits that the compromise has been arrived at between the parties and the dispute has been settled.
In view of the aforesaid facts and circumstances of the case,without further commenting anything on the merits of the case, it would be appropriate to
enlarge the applicant on bail.
Accordingly, the application is allowed and the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.25,000/-
(Rupees Twenty Five Thousand) with one surety in the like amount to the satisfaction of the Trial Court for his appearance before that Court during
the pendency of the trial.
Before releasing the applicant from custody the jail authorities are directed to medically examine him to rule out the possibility of COVID-19 infections
and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020