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2017 (5) TMI 1793 - HC - Indian LawsSeeking grant of anticipatory bail - financial dealings with the complainant, to which agreement dated 01.06.2012 has been executed, is violated - State opposes the bail application and seeks time to file status report - HELD THAT - The petitioner is directed to join the investigation and in the event of his arrest he be released on anticipatory bail in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of IO/SHO concerned till the next date with the condition that he shall not contact, threaten or coerce the complainant or any of family members of the complainant during this period or indulge in any illegal activities and that he shall not leave India without prior permission of the Court. The amount of Rs.15 Lakhs as offered by the petitioner be handed over to the complainant in the presence of IO, without prejudice to the rights and contentions of the parties. Renotify on 17th July, 2017.
Issues: Application for anticipatory bail under Section 438 Cr.P.C.
Analysis: 1. Nature of the Application: The judgment pertains to an application filed under Section 438 Cr.P.C. seeking anticipatory bail in a case registered under Section 420 IPC at Police Station- Hauz Khas. 2. Petitioner's Submissions: The petitioner, through learned Senior Counsel, argued that the financial dealings with the complainant resulted in a violation of the agreement due to financial difficulties. The petitioner emphasized the absence of criminal intent, stating that the dispute pertains to civil liability. The petitioner expressed willingness to pay Rs.15 lakhs to the complainant, join the investigation, and settle the matter amicably. 3. State's Opposition: The learned APP for the State opposed the bail application and requested time to file a status report. 4. Court's Decision: Considering the circumstances, the court directed the petitioner to join the investigation and, in case of arrest, be released on anticipatory bail. The bail amount was set at Rs.20,000 with specific conditions, including not contacting or coercing the complainant, refraining from illegal activities, and not leaving India without court permission. The court also ordered the petitioner to hand over the offered amount of Rs.15 lakhs to the complainant in the presence of the Investigating Officer. 5. Next Date: The matter was scheduled for renotification on 17th July 2017, with a copy of the order to be provided as requested.
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