ORDER

This is second bail application filed by applicant under Section 439 of Cr.P.C. for grant of regular bail relating to FIR No.06/2023 registered at Police Station-Lanji, District-Balaghat (MP) for the offence under Sections 21(1), 21(2), 21(3) of the Unregulated Deposit Scheme Banning Act, 2019 and Sections 420, 406, 120-B of the IPC.

2. Learned counsel appearing for the applicant submitted that applicant is innocent and has falsely been implicated in the case. Applicant is in jail since 07.01.2023. It is submitted that as per prosecution story Nishant is said to have deposited Rs.3,50,000/-, Kishore is said to have deposited Rs.2,00,000/-, Lomesh is said to have been deposited Rs.2,10,000/- and Tivendra is said to have been deposited Rs.50,000/- with the applicant. Total amount as per prosecution story said to be collected by applicant is Rs.8,10,000/-. Applicant on its own under protest wants to make payment of Rs.8,10,000/- and same may be deposited in the Court. It is submitted that offence under Section 420 of the IPC is punishable with 7 years of imprisonment and offence under Section 21 of Unregulated Deposit Scheme Banning Act, 2019 is punishable with imprisonment not less than three years but may extend to ten year with fine.

Applicant is in jail for long time and investigation is complete and he is no required for custodial investigation in the case. In these circumstances, applicant may be released on bail.

3. Learned Government Advocate appearing for the State opposed the bail application. It is submitted that many persons from public have been defrauded and applicant was part of the racket. In these circumstances, applicant may not be released on bail.

4. Heard learned counsel for the parties.

5. Learned counsel appearing for the applicant has stated that applicant voluntarily wants to deposit Rs.8,10,000/- under protest. Investigation is compete and charge sheet has been filed. Applicant is in jail since 07.01.2023.

6. Considering aforesaid facts and circumstances of the case, without commenting on the merits of the case, bail application filed by the applicant is allowed on following conditions:-

1. Applicant will deposit Rs.8,10,000/- (Rs.Eight Lacs Ten Thousand Only) under protest before trial Court. Amount which will be deposited by the applicant shall be kept in FDR and same will be subject to final judgment passed by the trial Court.

2 . If applicant is found involved in any other offence in future during bail then prosecution is at liberty to file an application for cancellation of bail.

3 . Applicant will mark his presence before local police station on first of every month till completion of trial.

4. Applicant will regularly attend the trial and will not seek unnecessary adjournment in the case.

7. It is directed that the applicant shall be released on bail on aforesaid conditions on furnishing personal bond of Rs.1,00,000/- (Rs. One Lac Only) with two solvent sureties in the like amount to the satisfaction of the trial Court concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial on aforesaid conditions.

8. The applicant shall also abide by the following conditions of Section 437 (3) of Cr. P. C. as under:- (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

C.C. as per rules. (VISHAL DHAGAT) JUDGE $A Signature Not Verified Signed by: SHABANA ANSARI Signing time: 08-04-2024 17:06:52