AI Structured Summary
Not yet generated for this judgment
Judgment
D.Ramesh, J
This petition is filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioner/A1 in connection with Crime No.261 of 2021 of Eluru Rural Police Station, West Godavari District, registered for the offences punishable under Sections 419, 420, 468, 471, 260 and 255 read with 34 of the Indian Penal Code, 1860.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State.
Learned counsel for the petitioner submits that petitioner is innocent and the complaint is lodged after eight months of the alleged date of offence. He submits that the confessional statement recorded by the respondent-Police clearly shows that no amount is recovered from the petitioner and they have not filed any bank statement reflecting the payments made by the complainant to the petitioner. He further submits that in fact no amounts were transferred to the petitioner's account and the money was transferred to the account of Prabhavati, who is wife of the petitioner. He submits that during course of investigation names of nine accused were deleted and the petitioner is languishing in jail since 08.09.2021. Hence, the petitioner's case may be considered for grant of bail.
Learned Additional Public Prosecutor submits that 38 witnesses were examined and till requires investigation. He submits that there are specific allegations against the petitioner, as such he opposed the bail petition.
Taking into consideration the submissions of learned counsel for the petitioner that the names of some of the accused were deleted from F.I.R. and the fact that the alleged amounts were transferred to the account of petitioner's wife, this Court deems it appropriate to grant bail to the petitioner, however on certain conditions.
Accordingly, this Criminal Petition is allowed. The petitioner/A1 shall be enlarged on bail in connection with Crime No.261 of 2021 of Eluru Rural Police Station, West Godavari District on execution of self bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the learned Special Judicial Magistrate of First Class (Excise), Eluru, West Godavari District. On such release the petitioner shall appear before the concerned Station House Officer, on every Saturday between 10:00 A.M. and 5:00 P.M.
Consequently, miscellaneous applications pending, if any, shall stand closed.