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Judgment
19 paragraphs · 348 wordsDeepak Kumar Agarwal, J
This is first bail application u/S.438 Cr.P.C filed by the applicant for grant of anticipatory bail.
The applicant is apprehending his arrest by Police Station, Inderganj, District Gwalior in connection with Crime No. 50/2022 registered in relation to
the offence punishable u/Ss. 420 and 34 of IPC.
As per prosecution case, on 30.01.2022 complainant Raja Yaday has lodged an FIR against the present applicant and one Narendra Singh Tomar
alleging that he knew them very well as the complainant was partner of Firm M/s Kanha Cold Store with the present applicant and one Narendra
Singh Tomar and after braking partnership, complainant given Rs.1,70,000/- to the present applicant and one another for two months as loan. After
passing two months, they did not pay the said amount and they given a cheque which was dishonored. On the basis of which, aforesaid offences were
registered against the present applicant and another.
It is submitted that he is ready to deposit of Rs.1,00,000/- (Rs. One Lac) to the account of complainant within seven days. The applicant is ready to
abide by all the terms and conditions which may be imposed by this court. Upon these grounds, he prays for bail.
P er contra, counsel for the State opposed the application stating that investigation is pending in the matter.
Looking to the facts and circumstances of the case coupled with the fact that charge sheet has been filed in the matter, without commenting upon the
merits of the case, this Court is of the opinion that if the applicant deposits an amount of Rs.1,00,000/- to the account of complainant-Raja Yadav S/o
Chandan Singh Yadav, this court deems it appropriate to allow this application. In the event of arrest, the applicant is directed to be released on bail on
furnishing a surety bond in the sum of Rs.25,000/- (Twenty Five thousand only) with one solvent surety in the like amount to the satisfaction of
arresting officer.
The applicant shall further abide by all other conditions as enumerated in sub-section(2) of Section 438 of CrPC.
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