ANAND PATHAK,J. - (1.)This is the first application under Sec. 438 of Cr.P.C filed by the applicant, who is apprehending his arrest in connection with Crime No.652/2022 registered at Police Station Morar, District Gwalior (Madhya Pradesh) for the offence punishable under Sec. 420 of IPC.
It is the submission of learned counsel for applicant that applicant who is man aged 43 years apprehends his arrest on the basis of registration of offence as referred above. As per allegation, applicant and other co-accused Ramesh went to complainant's jewellery shop to purchase jewellery, out of which jewellery worth Rs.12,05,100.00 (Rs. Twelve Lacs Five Thousand One Hundred only) was agreed to be purchased for which payment of Rs.2,50,000.00 was given in cash and remaining amount was to be paid through cheque which was duly signed by co-accused Ramesh but later on, it came to the knowledge of complainant that cheque was given from a joint account in which account holder were Ramesh and Mathura Bai. On discovery, it was found that identity of Mathura Bai was misrepresented by co-accused Ramesh. Applicant has no role to play in such transaction by issuing cheque. In fact, transaction was in respect of some property related dispute and has been fabricated by the complainant to implicate the present applicant on false pretext. Applicant does not have any tainted criminal background except two cases of minor nature. Confinement may bring social disrepute and personal convenience. Applicant undertakes to cooperate with investigation/trial. Looking to the nature of allegation, his case may be considered for bail.

Learned counsel for the respondent/State opposed the prayer and prayed for rejection of the application.

Heard the learned counsel for the parties and perused the documents appended thereto.

Considering the submissions advanced by the learned counsel for the applicant, this Court intends to allow this anticipatory application. The application is allowed. It is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000.00 (Rs. Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of Arresting Authority/ Investigating Officer.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/ trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, 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 the Police Officer, as the case may be.

4. The applicant shall not commit an offence similar to the offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

7. The applicant shall mark his presence on first and fifteenth day of every month before the Police Station Morar, District Gwalior till filing of charge-sheet.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.