The main legal point established in the judgment is the court's discretion in granting anticipatory bail based on the overall facts and circumstances of the case and the likelihood of the applicant's absconsion.

JUDGMENT

Sunita Yadav, J. - The applicant has filed this First application u/S 438, Cr.P.C. for grant of anticipatory bail.

2. The applicant is apprehending his arrest in connection with crime No. 24/2022 registered at Police Station Bairad, District Shivpuri for the offence punishable under Section 409, 420, 120-B of IPC.

3. Allegation against the present applicant - accused is that he along with other co-accused persons committed cheating of Rs. 5,00,000/- with the complainant.

4. Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. He further argued that applicant is the Branch Manager and the amount has not been transferred into his account. He further argued that an amount of Rs. 5,00,000/- was transferred to the account of co-accused Deepak Sharma and he has returned the said amount vide cheque bearing No. 28633 dated 27/12/2019. The applicant has no criminal antecedents. The applicant is permanent resident of District Shivpuri (M.P.). Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of anticipatory bail.

5. On the other hand, learned State counsel opposed the application and prayed for its rejection.

6. Heard learned counsel for the rival parties and perused the case diary available on record.

7. Considering the overall facts and circumstances of the case, but without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicant. It is hereby directed that in the event of arrest of applicant, he shall be released on bail on his furnishing a personal bond of Rs. 1,00,000-/-(Rupees One Lakhs only) with two solvent sureties to the satisfaction of Arresting Authority for his appearance on the dates given by the concerned Court.

8. This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the bond executed by him/her;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3) The applicant will not indulge himself/herself in extending 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 Court or to the Police Officer, as the case may be;

4) The applicant shall not commit any other offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench.

5) The applicant will not seek unnecessary adjournments during the trial; and

6) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

9. Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

10. E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

11. Certified copy as per rules