Vivek Rusia, J
This is second bail application filed under section 439 Cr.P.C seeking bail in connection with crime no.642/2021 registered at police station-City
Kotwali, District- Mandsuar (M.P.) for the offence punishable under sections 420, 406, 409, 120-B of the IPC and sections 6(1) of M.P. Nishpaksho
Ke hito Ka Shanrakshan Adhiniyam.
As per prosecution story, on 11.09.2021, the complainant Bhagwan alongwith six other victims lodged a written complaint to the Superintendent of
Police Mandsaur and SHO city Kotwali Mandsaur to the effect that he alongwith other complainant deposited money with Satguru Sakh Sahkari
Samiti Mandsaur through an agent Shubham Vyas by opening accounts and in turn they came to received certificate of deposit. When the complainant
tried to contact and management of the same Samiti for receiving back the money deposited by them, none of the member of management committee
could be contacted and the office of the said Samiti was also found to be locked. On 11.09.2021 one Suresh Kotwani filed a written complaint to P.S.
City Kotwali Mandsaur alleging that one Dinesh (present applicant) and his wife Himanshi cheated him as both the said Dinesh and Himanshi handed
him over a cheuqe of Rs.2,00,000/- of Dena Bank against the amount of Rs.2,00,000/- which the said complainant Suresh paid them through NEFT
whereas the said Dena Bank came to be merged with other bank.
Learned counsel for the applicant submits that vide order dated 08.03.2022 temporary bail for the period of six month has been granted to the
applicant by this court with the hope that he will make an efforts to return the amount to the complainant. Two complainants have appeared before the
trial court. Although they have not supported the case of the prosecution and there is also an application filed under section 320(B) of Cr.P.C. by the
complainant that they don't want to prosecute the applicant. It appears that their money has been returned. Apart from that there is no criminal case
registered against the applicant. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.
Learned Govt. Advocate for the respondent/State opposes the bail application.
Considering the aforesaid and without commenting on the merits of the case, I deem it proper to enlarge the applicant on bail. Accordingly, the bail
application is allowed. The applicant- Dinesh is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees
fifty thousand Only) with a solvent surety in the like amount to the satisfaction of the Trial Court for his appearance before that Court during the
pendency of trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.
Certified copy, as per rules.
