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Judgment
8 paragraphs · 289 wordsSanjay Dwivedi, J
This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of bail relating to FIR No.178/2022 dated (not mentioned) registered at Police Station Lanji, District Balaghat, for the offence under Sections 21(1), 21(2), 21(3) of the Banning of Unregulated Deposit Schemes Act and Sections 420, 406 and 120-B of the Indian Penal Code
Learned counsel for the applicant submits that the applicant is in jail since 19.04.2023. He submits that whatever amount alleged to have been defrauded has been returned to the complainant. He also submits that facing the similar allegations, the other co-accused persons have already been enlarged on bail. Therefore, he prays that looking to the aforesaid facts and circumstances of the case and the applicant's custody period, he may be enlarged on bail.
On the other hand, learned Government Advocate has opposed the prayer of bail and submitted that the applicant has criminal antecedents as offence of similar nature has already been registered against him.
Considering the arguments advanced by learned counsel for the parties and on perusal of case diary, I am inclined to enlarge the applicant on bail. Therefore, without commenting anything on the merits of the case, this application is allowed.
It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.1,00,000/- with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance on the dates given by it.
It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.
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