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Judgment
Vivek Rusia, J
MCRC No.35526/2020 is a first application filed under section 438 Cr.P.C by applicant Sapan seeking anticipatory bail as he apprehends his arrest in connection with Crime No.264/2020 registered at police station Tukoganj, district Indore for the offence punishable under sections 420, 406, 467, 468, 471 & 120-B of the IPC.
MCRC No.40087/2020 is a first application filed under section 439 Cr.P.C by applicant Kapil Jain seeking bail in connection with Crime No.264/2020 registered at police station Tukoganj for the offence punishable under sections 420, 406, 467, 468, 471 & 120-B of the IPC.
As per prosecution story complainant Harshwardhan being the proprietor of M/s Shakun Distribution, Indore made a complaint against the applicants alleging that they being the Directors of M/s BFS Agree Foods Pvt. Ltd., Delhi were supplied material worth Rs.34,46,178/- vide invoice dated 22.09.2015, however, instead of making full payment they issued a forged bill in respect of supply of other material.
Learned counsel for the applicant Kapil submits that initially Rs.5 lakhs and Rs.4 lakhs were paid on two different dates and after registration of the FIR now the balance amount of Rs.20,46,178/- was paid by way of RTGS to the complainant on 06.10.2020. Now the parties have settled the dispute. The FIR has been lodged only for the sole purpose of recovery of the aforesaid amount, therefore, in view of the compromise arrived at between the parties, the trial is a futile exercise and there is no need to keep the applicant Kapil in jail.
Learned counsel appearing on behalf of applicant Sapan submits that he has no connection with the company M/s BFS Agree Foods Pvt. Ltd., Delhi, therefore, he is entitled for bail. The only allegation against him is that he used to visit Indore along with Radhika and Kapil at the time of the aforesaid transaction and acted only as a mediator.
Learned Panel Lawyer opposes the bail applications by submitting that the applicants have created false evidence in respect of payment of the aforesaid amount, hence they have been charged under sections 467 & 468 IPC which are not compoundable, hence they are not entitled for bail.
Heard learned counsel for the parties and perused the case diary.
The sole purpose of registration of FIR against the applicants is the recovery of the amount withheld by them. Now the said amount has been paid and a compromise has been arrived at between the parties, therefore, the trial would be a futile exercise, hence they are entitled for bail.
At the outset learned counsel for the parties jointly submit that because of the dispute and later on its settlement a lot of valuable time of the police as well as the Court has been wasted, therefore, they are ready and willing to compensate by way of charity.
Considering the facts and circumstances of the case and the arguments advanced by the learned counsel for the parties, without commenting on the merit of the case, the applications (MCRC No.35526/20 for anticipatory bail and MCRC No.40087/20 for regular bail) are allowed with conditions. It is directed that in the event of arrest of the applicant Sapan in connection with the aforesaid crime number, he shall be released on bail upon his donating 25 face shields, 250 good quality masks and 25 liters of sanitizer for use of the police personnel in Indore district to the office of DIG, Indore and on furnishing personal bond in the sum of Rs.50,000/-- (Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of the arresting officer. His bail order shall be governed by the following conditions:
(a) the applicant shall co-operate with the investigation and make himself available for interrogation by a police officer as and when required;
(b) he shall not directly or indirectly make any inducment, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(c) If the applicant is found involved in any criminal case of the same nature during this bail period, this order granting the benefit of anticipatory bail shall be liable to be cancelled; and
(d) he shall not leave the territory of India without the prior permission of the Court.
The applicant Kapil Jain (MCRC No.40087/20) is directed to be released on bail on his donating 25 face shields, 250 good quality masks and 25 liters of sanitizer for use of the police personnel in Indore district to the office of DIG Indore and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.
Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.
C.c as per rules.