An accused is entitled to bail if the investigation is near completion and his custodial interrogation is no longer required.

ORDER

This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to FIR No. 203 of 2023 registered at Police Station Gulabganj, District Vidisha (M.P.) for the offence under Section 420 of the IPC.

Learned counsel for the applicant argued that applicant is innocent and has been falsely implicated. He is in custody since 14.2.2024. Investigation is near completion and his custodial interrogation is not required anymore.

Offence is triable by JMFC and trial is likely to take long time to conclude. It is further argued that applicant is ready to deposit money received from complainant Ankit as well as one Sevak amounting Rs.1,12,000/-. Further argument is that applicant is the permanent resident of District Vidisha (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. Hence, prayed for grant of bail to the applicant. On the other hand, learned State counsel vehemently opposed the bail application and prayed for its rejection.

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

Considering the facts and circumstances of the case as well as undertaking given by the applicant, without commenting upon the merits of the case, this application is allowed and it is directed that applicant be released on bail on depositing Rs.1,12,000/- (Rupees One Lakh Twelve Thousand only) before the trial Court/Committal Court as well as on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with one solvent surety in the like amount to the satisfaction of the trial Court/Committal Court.

The amount of Rs.1,12,000/- deposited by the applicant be kept as FDR in a Nationalized bank fetching maximum interest. The disbursement of the aforesaid amount shall be subject to final outcome of the 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/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 an offence similar to the offence of which he/she is accused.

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.

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.

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

Certified copy as per rules.