Provisional bail can be granted where the accused has been in custody for an extended period, especially in cases involving personal relationships and absence of the complainant, balancing personal liberty with the legal process.

JUDGMENT :

SANJAY PRASAD, J.

I.A. No.13086 of 2024

It appears from the Office Note dated 03.03.2025 that notice has been received by Opposite Party No.2 himself. However, when the case is called out, none appears on behalf of the Opposite Party No.2.

2. This Criminal Revision Application No.52 of 2025 has been filed on behalf of the petitioner challenging the judgment dated 09.10.2024 passed in Criminal Appeal No.39 of 2023 by Mrs. Neerja Ashri, learned Additional Sessions Judge-II, Lohardaga by which the appeal filed on behalf of the petitioner has been dismissed thereby affirming the judgment of conviction and order of sentence dated 17.05.2023 passed by Ms. Puja Kumari Lal, learned Judicial Magistrate 1^st Class, Lohardaga in Complaint Case No.207 of 2019 by which the petitioner has been convicted for the offence under Section 138 of N.I. Act and sentenced to undergo R.I. for two years and pay the compensation of Rs.1,60,000/- (One Lakh Sixty thousand) under Section 357(3) of Cr.P.C.

3. I.A. No.13086 of 2024 has been filed on behalf of the petitioner for grant of bail, during pendency of this Criminal Revision Application.

4. Heard learned counsel for the petitioner and learned A.P.P.

5. Learned counsel for the petitioner has submitted that the impugned judgments and order passed by learned Court below are illegal and arbitrary and not sustainable in the eye of law. It is further submitted that the parties are known to each other and the Cheque of Rs.1,40,000/- was misused by the Complainant-O.P. No.2. It is further submitted that the petitioner is ready to settle the dispute with O.P. No.2. It is further submitted that the petitioner is in custody since 29.10.2024 i.e. for more than four (04) months and hence, the petitioner may be enlarged on bail.

6. Learned counsel for the State opposed the prayer for bail. It is submitted that the petitioner has stopped the payment of his bank account and as such the cheque was dishonoured.

7. Having heard learned counsel for both the sides and going through the Lower Court Records of this case, it appears that this is a case of friendly loan.

8. It also appears that O.P. No.2 has not appeared despite receiving the notice, however, the petitioner is in custody since 29.10.2024.

9. Hence, considering the facts and circumstances of this case and considering the custody of the petitioner namely Rashid Yusuf is directed to be released on Provisional bail for the period of six months on furnishing of bail bonds of Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like amount each, to the satisfaction of passed by Ms. Puja Kumari Lal, learned Judicial Magistrate 1^st Class, Lohardaga in Complaint Case No.207 of 2019, or her Successor Court.

10. Thus, I.A. No. 13086 of 2024 is allowed and disposed of

11. Issue fresh notice to the O.P. No.2, as to why this Criminal Revision Application may not be admitted and/or disposed of at the stage of admission itself and for which, requisites etc. under registered cover with A/D as well as by ordinary process must be filed within two weeks from today.

12. Put up this case on 2^nd May 2025.