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Judgment
The accused/applicant seeks regular bail in case FIR No. 385/2025 of PS Kotwali for offence under Section 316(2)/318(4)/3(5) of BNS.
Learned APP for State assisted by IO/SI Neeraj accepts notice and in all fairness does not deny that the accused/applicant deserves bail on parity with co-accused Jai Prakash. However, the IO submits that the accused/applicant is involved in two more cases of similar nature, out of which, in one case he has been granted bail while status of the other case is not known.
Broadly speaking, the prosecution case is as follows. The complainant de facto was approached by the accused/applicant, who representing himself to be a broker, introduced him with co-accused, assuring orders for purchase of fabrics. Relying upon the recommendation of the accused/applicant, business deals were entered into by the complainant de facto with certain firms. But the complainant de facto did not receive consideration of the fabric supplied by him. Thereafter, the accused persons including the present accused/applicant issued post-dated cheques, but the same got dishonoured. According to the accused/applicant, it was a simple case of failed business transaction, and not a case of cheating because admittedly the accused/applicant had been making part payments of the outstanding amount.
Considering the above circumstances, I do not find any reason to deny liberty to the accused/applicant. Therefore, the bail application is allowed and accused/applicant is directed to be released on bail subject to his furnishing a personal bond in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction of the Trial Court. Accompanying application stands disposed of.
A copy of this order be immediately transmitted to the concerned Jail Superintendent for informing the accused/applicant.