The court considered the circumstances of the case, the return of the alleged amount to the complainant, and the likelihood of a prolonged trial in granting bail to the applicant.

JUDGMENT

Rajeev Kumar Dubey, J. - Heard with the aid of case diary.

This is First bail application filed under section 439 Cr.P.C. applicant Manish Patel was arrested on 10/3/2022 in Crime No.76/2022 registered at Police Station Sanjeevani Nagar, District Jabalpur for the offence punishable under Section 420 of IPC.

as per the prosecution case, applicant executed an agreement to sale part of the land bearing survey no.124/2 in Rs.8 lac in favour of the complainant and took Rs.7 lac from him while applicant was not the owner of that land, thus he committed fraud with him.

Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the offence. Even otherwise, applicant returned the alleged amount Rs.7 lac to the complainat and entered into compromise with the complainant. The applicant has been in custody since 10/3/2022 and the conclusion of trial will take time, hence prayed for release of the applicant on bail.

Learned counsel for the complainant Raghuvir Yadav also submitted that the applicant returned alleged amount to the complainant so if this Court grants bail to the applicant, he has no objection.

Learned counsel for the State opposed the prayer and submitted that the applicant has criminal past, four other offences of similar type are also registered against the applicant, so he should not be released on bail.

Looking to the facts and circumstances of the case, contention of the learned counsel for the applicant and the fact that applicant returned the alleged amount to the complainant, the applicant is in custody since 10/3/2022 and conclusion of trial will take time, without commenting anything on the merits of the case, the application is allowed and it is directed that the applicant be released o bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

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;

2. The applicant will cooperate in the trial;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which he is accused;

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

6. The applicant will not leave India without prior permission of the trial Court.

C.C. on payment of usual charges.