Bail Granted in Fraud Case After Settlement; Applicant Released on Rs. 25,000 Bond Pending Trial Compliance.

The HC granted bail to the applicant under Section 439 of the Criminal Procedure Code, 1973, for charges under Sections 409, 419, 420, 467, 468, 471, 34 of the IPC, in connection with Crime No. 23/2023. The decision followed the amicable settlement of the dispute between the parties, with no objection from the complainant. The applicant is to be released on bail upon providing a personal bond of Rs. 25,000 and one solvent surety. The bail order remains effective until trial completion, subject to compliance with conditions under Section 437(3).

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Issues involved: Bail application under Section 439 of Criminal Procedure Code, 1973 for offences under Sections 409, 419, 420, 467, 468, 471, 34 of the IPC.

Bail Application:
The applicant filed a bail application under Section 439 of the Criminal Procedure Code, 1973, in connection with Crime No. 23/2023 registered at Police Station- Crime Branch, Indore (MP) for offences under Sections 409, 419, 420, 467, 468, 471, 34 of the IPC. The applicant has been in custody since 26/4/2023, with allegations of defalcation of amount against them.

Submissions:
The applicant's counsel stated that the amount involved, Rs. 68 lakhs, has been paid to the complainant through a demand draft, and the complainant has no objection to the bail application being allowed. The objector/complainant's counsel also expressed no objection to the bail application. However, the counsel for the respondent/State opposed the prayer for bail.

Court Decision:
After considering the submissions and perusing the case diary and documents, the Court noted that the parties had amicably settled their dispute. Without commenting on the merits of the case, the Court found it expedient to allow the bail application. The applicant was directed to be released on bail upon furnishing a personal bond of Rs. 25,000 with one solvent surety in the like amount, to ensure regular appearance before the trial Court and compliance with conditions under Section 437(3) of the Criminal Procedure Code, 1973.

Effectiveness of Order:
The bail order would remain effective until the end of the trial, with a caution that in case of bail jump, the order would become ineffective. The Court also directed the issuance of a certified copy as per rules.

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