HOMENATH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No. 347/2019 registered at Police Station Omti Jabalpur, District Jabalpur (M.P.) for the offence punishable under Sections 420 and 120-B of IPC.

(2.) As per the prosecution story, the allegation against the applicant is that he alongwith other co-accused has fraudulently received the amount of total Rs. 7 lacs from the complainant on the pretext of providing loan of Rs. 25 crores.

(3.) Learned counsel for the applicant submits that the applicant is innocent and he is in custody since 10/10/2019. It is further submitted that applicant is ready to deposit the disputed amount of his part i.e. Rs. 50,000/- in the trial court (as Rs. 1,00,000/- has already been deposited by the present applicant) under protest which may be payable to the complainant after disposal of the case. The applicant has no criminal antecedents. The trial will take time to conclude. There is no likelihood of applicant absconding and tampering with the prosecution evidence and his further custody is not required in this case.