Bherulal vs Raju

Subodh Abhyankar, J

1] They are heard. Perused the case diary / challan papers.

2] This is the first bail application filed by the applicant under Section 483 of B.N.S.S., 2023/439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.(Not available) registered at Police Station (not available) case No.SC NIA-73/2022 for offence punishable under Section 138 of the NI Act. The applicant is in custody since 25/4/2026. 3] Counsel for the applicant has submitted that it is a case of bail jump, as the applicant was earlier granted bail by the Trial Court itself vide order dated 20.7.2023. It is submitted that thereafter, the applicant was regularly appearing before the Trial Court but on 31/08/2024, he failed to mark his presence as he was not feeling well and also missed the communication with his local counsel. It is submitted that on the very same date, the Trial Court cancelled the bail bond and issued arrest warrant against the applicant on the same day. Thereafter, in compliance with the said NBW, police arrest the applicant and produced him before the Trial Court on 25/04/2026 upon which the Court sent him to jail, and till today, he is in custody.

4] Counsel for the applicant has submitted that the applicant had borrowed money from the complainant/respondent to the tune of Rs.2,15,000/- and handed over a cheque to the Complainant with an assurance that the said cheque will get cleared. It is submitted that the complainant submitted the said cheques in the bank for clearance wherein the bank dishonoured the cheque on 15/9/2022 with the note "funds insufficient" and thereafter the complainant filed a case under section 138 of the NI act against the applicant. It is further submitted that the applicant is in custody since 25/4/2026.Thus the further custody of the applicant is not necessary.

5] On due consideration of submissions, and taking note of the fact that it is a case of bail jump as the applicant could not appear in the trial Court as he was not feeling well and also missed the communication with his local counsel and that the applicant is lodged in jail since 25/4/2026, this Court is inclined to allow the present application.

6] Accordingly, without commenting anything on merits of the matter, the present application for grant of bail is allowed. The applicant is directed to be released on bail upon his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety in the like amount to the satisfaction of the Trial Court for his appearance, as and when directed and shall also abide by the conditions enumerated underSection 437 (3) Criminal Procedure Code, 1973. If the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his bail may be filed before the Trial Court itself, who shall decide the same in accordance with law.

7] M.Cr.C. stands allowed and disposed of.

C.c. as per rules.