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2022 DIGILAW 608 (MP)

Arun @ Varun v. State of Madhya Pradesh

2022-04-13

SUBODH ABHYANKAR

body2022
JUDGMENT Subodh abhyankar, J. - They are heard. Perused the case diary/challan papers. This is the first application under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.50/2022 registered at Police Station Kotwali, District Ujjain (MP) for offence punishable under Section Section 170, 384, 389 and 34 of the Indian Penal Code, 1860. The applicant is in custody since 12/03/2022. allegation against the applicant is that he introduced the complainant with main accused Sunil as it is alleged that in the complainant's bank account, certain amount was credited by some unknown person and thus the complainant wanted to lodge a police complaint and for this reason, the applicant introduced him to the main accused Sunil and it is also alleged that subsequently Sunil started demanding a sum of Rs.5 Lakhs from the complainant. Counsel for the applicant has submitted that apart from introducing the main accused to the complainant, no other overt act is attributed to the present applicant. It is further submitted that the person who had deposited the amount in the complainant's account against whom also an FIR has been registered, however, the same has been already compromised and he has also been granted anticipatory bail by this Court in M.Cr.C. No.15211/2022 on 29/03/2022. It is further submitted that the applicant is lodged in custody since 12/03/2022 and the charge sheet is yet to be filed and the final conclusion of trial is likely to take sufficient long time. Hence, it is submitted that the bail application be allowed and he be released on bail. Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that no case for grant of bail is made out. Having considered the rival submissions and on perusal of the case diary, this Court finds force with the contentions raised by counsel for the applicant and further taking note of the fact that the final conclusion of the trial is likely to take sufficient long time, in the considered opinion of this Court, the applicant's application deserves to be allowed. accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with two local sureties of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973. I t is also observed that if the applicant is found in any of the criminal activities, after his / her release on bail, then the present bail order shall stand cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective. Certified copy as per rules.