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Judgment
Vivek Rusia, J
This is the first anticipatory bail application under Section 438 of Cr.P.C. before High Court in connection with Crime No.590/2020 under Section
406 of IPC registered at Police Station â€" Industrial Area, District-Ratlam.
According to the prosecution case, applicants are skilled labours who performed interior and glass work in the premises of complainant. They raised
bill of Rs.5,75,000/-, which was paid by the complainant, thereafter they again raised additional bill of Rs.80,000/-. Complainant disputed the
measurement done by the applicants and lodged the FIR.
Learned counsel for the applicant submits that the dispute between the parties is purely civil and commercial in nature. It is argued that the police
has wrongly registered the FIR by giving colour of criminal case. Police has no authority to register the FIR. It is a misuse of process of law. It is also
argued that there is no prima facie case against the applicants, then, the applicants shall be released on anticipatory bail. It is submitted that applicants
are innocent and have falsely been implicated in the present case. There is no evidence against them. Conclude of trial is likely to take time. The
applicants are permanent resident of District-Indore. There is no possibility of their absconding. They are ready to furnish adequate security. Trial is
likely to take time, therefore, he prays for release of the applicants on anticipatory bail.
The learned Panel Lawyer has opposed the bail application and prays for dismissal of the anticipatory bail application of the present applicants.
Heard learned counsel for the parties, perused the case-diary, have gone through the contents of FIR, nature of dispute between the parties and
considering the aforesaid facts and circumstances of the case, keeping in view the present secnerio of COVID-19, limited Court work, without
commenting on the merits of the case, I deem it proper to grant anticipatory bail to the present applicants. Accordingly, this application is allowed. It is
directed that in the event of arrest, applicants shall be released on bail, on their executing a personal bond in the sum of Rs.50,000/- each (Rupees
Fifty Thousand each Only) and on furnishing one solvent surety, in the like amount to the satisfaction of the Arresting Authority (Investigating
Officer).
The applicants shall make themselves available for interrogation by a Police Officer, as and when required. They shall further abide by the other
conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.
C.C. as per rules.