The main legal point established in the judgment is the court's discretion to grant anticipatory bail with specific conditions, emphasizing the need for the applicant to cooperate in the investigation and fulfill the payment terms to maintain the bail protection.

JUDGMENT :

1. Shri Anil Mishra, learned counsel for the applicant. Shri B.M.Patel, learned PP for the respondent/State. Shri Anil Sharma, learned counsel for complainant. With consent, heard finally.

2. This is first application filed by applicant under section 438 of Criminal Procedure Code Applicant apprehends his arrest in connection with crime No. 321/2018 registered at police station Jhansi Road, Gwalior for offence under sections 420, 406, 506 and 120-B of Indian Penal Code.

3. As per the submissions of learned counsel for the applicant, the applicant has been falsely implicated by the complainant. As per the story of the prosecution, the present applicant has taken amount of Rs. 41,50,000/- from the complainant and is not paying the same. This is a civil transaction and cannot come in the purview of criminal liability. Applicant does not possess mens rea to siphon off the money of complainant. Civil dispute has been converted into criminal case, that too, when section 31 of Reserve Bank of India Act bars such transaction.

4. After arguing for a while, learned counsel for the applicant on behalf of applicant submits that applicant is ready to pay 50% of the total liability within 15 days from today and remaining 50% would be paid within three months from today. In other words, out of total liability of Rs. 41,50,000/-, applicant is ready to pay Rs. 20,75,000/- within 15 days and rest amount of Rs. 20,75,000/- would be paid by him within three months from today. He is a reputed businessman of the city and therefore, he requires some breathing time for arrangement of funds and his arrest would bring disrepute to him. He undertakes to cooperate in investigation and would not run away from law.

5. The said offer is readily accepted by the counsel for the complainant provided applicant sticks to his promise. He has no objection for such proposition. He submits that complainant is mainly interested in his money.

6. Learned counsel for the State submits that investigation is going on.

7. Heard learned counsel for the parties and perused the case diary.

8. Applicant is facing investigation for alleged offence under sections 420, 406, 506 and 120-B of Indian Penal Code in which payment of Rs. 41,50,000/- has not been paid by him to complainant which was taken as loan liability. If the dispute is resolved by way of the terms of agreement as referred above and on the basis of undertaking given by learned counsel for the applicant on behalf of applicant, this Court is inclined to allow this application without expressing any opinion on merits, with the conditions as narrated hereinbelow :

i. if the applicant is arrested by the Investigating Officer then he shall be released on bail on furnishing personal bond in the sum of Rs. 2 lakhs with one solvent surety in the like amount subject to condition that applicant has to furnish an undertaking that he shall pay Rs. 21,75,000/- within 15 days from today i.e. on or before 5th October, 2018;

ii. the undertaking shall also contain the fact that applicant is ready to pay remaining 50% (Rs. 21,75,000/-) of the amount within three months from today, i.e. on or before 20th December, 2018;

iii. any default in payment would render the relief of anticipatory bail cancelled automatically, and applicant would make himself liable for custodial interrogation/ investigation, if required by the investigation agency;

iv. applicant shall cooperate in the investigation and would make himself available before the Investigating Officer as and when required;

v. any default of non-appearance of the applicant before the Investigating Officer shall render this anticipatory bail protection cancelled automatically. Application stands allowed and disposed of.