1. Heard.
2. This is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.58/2023 registered at Police Station Azad Chowk, Raipur, Chhattisgarh for the offence under Sections 420 and 120-B of the IPC.
3. Prosecution case, in brief, is that complainant - Siddharth Singh Parihar, General Manager and authorised representative on behalf of R.B.P. Energy India Private Limited, filed a complaint before Police Station Azad Chowk, Raipur on 21.2.2023 stating that a tender with regard to installation of solar pumps was awarded to M/s. Rawmat Solutions (firm) and the said firm executed the work through the complainant’s company. However, after receiving an amount to the tune of Rs.91,81,693/- from the concerned Department, the present applicant, who is the Director, of Icon Solar E.N. Power Technologies Private Limited along with other co-accused, cheated and caused loss to the complainant – Company.
4. Learned counsel for the applicant would submit that the alleged transaction of Rs.91,81,693/- was between the complainant – Company and the partners of M/s. Rawmat Solution and the present applicant is not the partner of the said firm. He submits that only to create a pressure for recovery of the amount, the name of the present applicant has been impleaded. He would further submit that an amicable settlement has been arrived at between the complainant – Company and the accused and the same has also been recorded in the order of the Court below and further, no objection was raised by them with regard to granting bail to the applicant before the Court below. Therefore, considering all the aspects of the matter, the applicant may be extended the benefit of Section 438 of the Cr.P.C.
5. Per contra, learned counsel for the State opposes the bail application. However, she fairly submits that an amicable settlement has been arrived at between the parties.
6. Having considered the submissions of learned counsel for the parties and the nature of the accusation, particularly considering that an amicable settlement has been arrived at between the parties, I am of the opinion that the present is a fit case to extend the benefit of Section 438 of the Cr.P.C. to the applicant.
7. Accordingly, the bail application is allowed and it is directed that in the event of arrest of the applicant, he shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the arresting officer on the following conditions:-
(a) he shall make himself available for interrogation by the concerned police officer as and when so required,
(b) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court or to any police officer,
(c) he shall not act in any manner which will be prejudicial to fair and expeditious trial,
(d) after filing of the charge sheet, he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial,
(e) he shall not involve himself in any offence of similar nature in future.
Certified copy as per rules.
