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Judgment
Subodh Abhyankar, J
This is 1st bail application filed by the applicant under Section 439 Cr.P.C. for grant of bail during trial.
The applicant is facing trial for an offence punishable under Section 420, 409 and 34 of the IPC registered with Police Station Kotwali, Shajapur
District Shajapur in Crime no.613/2020. The applicant is in custody since 30/12/2020.
The allegation against the applicant is that he obtained a sum of Rs.60,000/- from the complainant on the pretext of sanctioning the loan from a finance
company, however, as only half of the amount of the loan was sanctioned, the FIR has been lodged against him.
Learned counsel for the applicant has submitted that even in the FIR, the complainant has clearly admitted that she has already received the sum of
Rs.60,000/- from the applicant, however, she has persisted in lodging the FIR and according to her, she has been cheated. Counsel has further
submitted that the FIR itself discloses that the offence itself has not been committed as the amount has already been received by the complainant. It is
further submitted that the applicant has no criminal antecedents and he is in jail since 30/12/2020 and the charge sheet is yet to be filed and the final
conclusion of the trial is likely to take sufficient long time and thus it is submitted that the applicant be released on bail.
Learned counsel for the State on the other hand has opposed the prayer for grant of bail, however, it is not denied that in the FIR the complainant
herself has stated that she has already received the said amount.
Having considered the rival submissions, on perusal of the case diary and taking note of the fact that the complainant has already received the amount
and the applicant has no criminal antecedents, I am of the considered view that the application for grant of bail deserves to be allowed and is
accordingly allowed.
The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety in
the like amount to the satisfaction of the Trial Court for his appearance as and when directed.
It is also directed that the applicant will abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.
Certified copy as per rules.