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Judgment
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 365/2018 registered at Police Station Hindaun City, District Karauli for the offence under Section(s) 420 & 406 of IPC and later on for the offence under Section(s) 420,
409 & 120B of IPC.
It is contended by the learned counsel for the petitioner that he has falsely been implicated in this case of civil nature. Drawing attention of this Court towards the FIR and the statements of the prosecution witnesses recorded under Section 161 Cr.P.C., learned counsel for the petitioner submitted that there is complete absence of element to constitute the offence of cheating or of breach of trust as there is no averment as to entrustment of the property to the petitioner. Learned counsel submitted that he purchased the goods from the aggrieved persons and sold it further; but, could not repay the amount inasmuch as he could not get the complete sale price from the purchaser to whom he has sold the goods. He submitted that a joint application dated 25.08.2020 representing compromise between the parties was submitted before the learned trial Court wherein it was agreed that the aggrieved parties may proportionately divide the amount of Rs. 1.64 crore received by the petitioner representing part sale consideration. He submitted that the petitioner is in custody since 26.07.20220, charge sheet has been filed, offences are triable by Magistrate, he has no criminal antecedents, co-
accused Vishal @ Tinku has been extended benefit of bail by a co-ordinate Bench of this Court and prayed for his release on bail.
Opposing the bail application, learned Public Prosecutor assisted by learned counsel for the complainant submitted that the petitioner playing fraud with the aggrieved persons duped them for an amount of Rs. 4,94,19,526/- and eloped from the place of business closing his shop. They submitted that the
petitioner, in spite of receiving the entire sale consideration from the purchasers, has not repaid the amount to the aggrieved persons and hence, the petitioner does not deserve indulgence of bail.
Taking into consideration the submissions advanced by learned counsels for the respective parties, the nature of allegation against the petitioner, his length of custody, filing of charge sheet, offences being triable by Magistrate and the material available in the charge sheet; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application is allowed and it is directed that accused-petitioner Meghraj @ Meghchand S/o Sh. Ramdayal shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.