Granting bail under Section 138 of the Negotiable Instruments Act requires consideration of the purpose of continued custody and the likelihood of the petitioner fleeing from justice or tampering with evidence.

JUDGMENT

Chander Bhusan Barowalia, J. - The present petition has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure praying for grant of regular bail to the petitioner in Complaint Case No.195/3 of 2016, under Section 138 of Negotiable Instruments Act, 1881.

2. As per the petitioner, a complaint under Section 138 of the Negotiable Instrument Act was pending against him before the learned Chief Judicial Magistrate, Sirmaur at Nahan, H.P., wherein the present petitioner is falsely implicated in the present case at the instance of the respondent/complainant (hereinafter to be called as 'the Complainant').

3. That the petitioner was not having any knowledge with regard to the same and he was also not medically fit and he was getting his treatment from the hospital. Consequently, as the petitioner was served on some wrong address, he was not knowing about the service. Hence, he could not appear before the Court below and thus, nonbailable warrants were issued on 17.12.2019 and he is in the custudy till date.

4. The learned counsel for the petitioner has argued that in this case, the petitioner be released on bail, as no purpose will be served by keeping him behind the bars.

5. The learned Additional Advocate General has argued that the petitioner is not appearing before the learned Trial Court despite having issued summons against him and he be not released on bail.

6. This Court finds that the case is pending against the petitioner under Section 138 of the Negotiable Instruments Act, 1881 and no purpose will be served by keeping the petitioner behind the bars for an unlimited period. Neither he will flee from justice nor tamper with the prosecution evidence. So, it is orderd that he be released on bail on his furnishing personal bonds to the tune of Rs.10,000/- (Rupees ten thousand), with one surety in the like amount in the Court of learned Chief Judicial Magistrate, Nahan/JMIC, Nahan, District Sirmaur, H.P. The bail is granted subject to the following conditions:

(i) That the petitioner will appear before the learned Trial Court/Police/authorities as and when required.

(ii) That the petitioner will not leave India without prior permission of the Court.

(iii) That the petitioner will 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/her from disclosing such facts to the Investigating Officer or Court.

7. In view of the above, the petition is disposed of.

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