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Judgment
18 paragraphs · 428 words@JUDGEMENTTAG- JUDGEMENT
Vishal Dhagat, J
This is second bail application filed by applicant under Section 438 of Code of Criminal Procedure for grant of anticipatory bail relating to FIR No.153/2023, registered at Police Station-Shahjahanabad District-Bhopal (MP) for the offence punishable under Sections 420, 423 of IPC.
Learned counsel appearing for the applicant submitted that earlier bail application filed by applicant was considered on merits. It is submitted offence under Section 420 of IPC is punishable upto seven years of imprisonment. It is further submitted that applicant is ready to deposit the entire amount of cheating said to have been done. Looking to said change circumstances, applicant may be granted anticipatory bail.
Learned Government Advocate appearing for the State opposed the bail application and submitted that applicant made voluntary offer to deposit the entire cheating amount before Court and later on they filed an application for modification of condition for reducing the amount, therefore, such application may not be entertained.
Heard learned counsel for the parties.
6 . Considering aforesaid facts and circumstances of the case, anticipatory bail application filed by the applicant is allowed on following conditions :
(i) The applicant will deposit the complete alleged amount cheating i.e. Rs.10,00,000/- (Rs. Ten Lacs only) before the trial Court.
(ii) Said amount be kept in FDR with a nationalized bank by trial Court.
(iii) Said amount will be subject to final judgment and trial Court will pass the order of disposal of FDR in accordance with judgment which may be passed in the case.
(iv) It is made clear that no further application for modification of condition of bail order regarding deposit of amount shall be entertained by the Court, as offer has been made voluntarily by the applicant.
It is directed that in the event of arrest of applicant in connection with the aforesaid crime number and the offences, he be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs.One Lac only) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.
Applicant shall abide by the following conditions under Section 438(2) of Cr.P.C:-
(a) Applicant shall make himself available for interrogation by a Police Officer as and when required;
(b) He shall not, directly or indirectly, make any inducement, threat or promise to complainant or witnesses;
(c) He shall not leave India without the previous permission of the Court;
(d) He shall not commit similar offence, of which, he is accused or suspected.
Certified copy as per rules.