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Judgment
10 paragraphs · 355 wordsSubodh Abhyankar, J
They are heard. Perused the case diary/challan papers.
This is the applicant's first application under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.62/2023 registered at Police Station - Station Road, District Ratlam (MP) for offence punishable under Sections 384 and 506 of IPC and Sections 3/4 of M.P. Protection of Debtors Act. The applicant is in custody since 30.01.2023.
The allegation against the applicant is that he had given Rs.25 lakhs to the complainant and despite repayment of the same along with interest to the tune of Rs.32 lakhs, the applicant is again threatening the complainant party and of the dire consequences.
Counsel for the applicant has submitted that the applicant is lodged in jail since 30.01.2023. Charge-sheet has already been filed and no recovery or discovery is to be made from the applicant. It is also submitted that five more cases have been registered against the applicant, but all of them are minor in nature.
Counsel for the objector, on the other hand, has opposed the prayer and it is submitted that despite repayment of the entire amount, the applicant is still asking for additional amount. Thus, no case for grant of bail is made out.
Counsel for the State has also opposed the prayer and it is submitted that looking to the criminal antecedent, no case for grant of bail is made out.
On due consideration of submissions and on perusal of the case-diary, this Court is inclined to allow the present application.
Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/-(rupees twenty five thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
Certified copy as per rules.