Manish @ Kaliya And Another vs State Of M.P

Vivek Rusia, J

This is the first bail application under Section 438, Cr.P.C. seeking anticipatory bail, due to apprehension of arrest in connection with Crime

No.205/2021, Police-Station- Industrial Area, District-Ratlam for the commission of offences under Sections 384, 385, 386,34, 420, 120-B of I.P.C.

and Section 3,4,5 of Prize Chits and Money Circulation Schemes (Banning) Act. & U/s 3/4 of 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 applicants who are 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 applicants submits that the applicants have falsely been implicated in this case. The investigation is complete and challan has

been filed. 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 applicants.

On the other hand, learned Panel Advocate opposes the prayer and prayed for rejection of the application.

Considering the fact and circumstances, without commenting on the merit of the case, the application is allowed. It is directed that in the event of

arrest of the applicants in connection with the aforesaid crime number, they shall be released on bail upon their furnishing personal bond in the sum of

Rs.40,000/- (Rupees Forty Thousand) with one surety in the like amount to the satisfaction of the arresting officer. This order shall be governed by the

following conditions:

(a) the applicants shall co-operate with the investigation and make themselves available for interrogation by a police officer as and when required;

(b) they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade

him from disclosing such facts to the Court or to any police officer;

(C) If the applicants are found involved in any criminal case of the same nature during this bail period, this order granting the benefit of anticipatory

bail shall be liable to be cancelled;

Certified copy as per rules.