2021 (1) TMI 307 - HC - Indian Laws

Grant of Bail - Dishonor of Cheque - Cheating - According to complainant, as and when she had been visiting for training at Gurgaon, petitioner, who was posted at Gurgaon at that time, had been booking Hotel for her, but at the time of issuance of bill, on advise of the petitioner, she had been taking bill in the name of one person only whereas petitioner had been keeping bills having details of two persons with him and later on petitioner had made a complaint in the Company for claiming amount on the basis of wrong bills and petitioner had started to threaten her - HELD THAT - At this stage, petitioner is entitled for bail. The petition is allowed and petitioner is ordered to be released on bail under Sections 376, 506 and 417 IPC, on his furnishing personal bond in the sum of ₹ 1,00,000/- with two sureties, one of which shall be local surety as undertaken by and on behalf of the petitioner, each in the like amount, to the satisfaction of the trial Court within three weeks from today, upon such further conditions as may be deemed fit and proper by the trial Court, including the conditions enumerated hereinafter, so as to ensure the presence of petitioner/accused at the time of trial and also subject to the conditions imposed.

Summary

Issues Involved:
Bail application under Section 439 of Cr.P.C. in a case involving Sections 376, 506, and 417 of IPC.

Detailed Analysis:

1. Background and Allegations:
The petitioner sought bail in a case involving allegations of physical exploitation, threats, and defamation by the complainant. The complainant alleged a relationship with the petitioner, who was married, leading to physical relations under the impression of marriage. The complainant also claimed threats of harm, abduction, and defamation by the petitioner.

2. Investigation and Arrest:
The police investigation involved visits to various locations to locate and arrest the petitioner. The petitioner's marital status, residence details, and legal actions against the complainant were highlighted. The petitioner's defense included claims of the complainant's interference in his family life and a counterblast theory regarding the legal actions initiated by him.

3. Arguments and Evidence:
The arguments presented by both parties focused on the nature of the relationship, assurances of marriage, and the complainant's knowledge of the petitioner's marital status. Evidence such as WhatsApp chats, audio recordings, and rent agreements were submitted to support the respective contentions.

4. Court's Decision and Conditions:
The Court, without commenting on the case's merits, granted bail to the petitioner. Bail was allowed upon furnishing a personal bond and sureties, with specific conditions to ensure the petitioner's presence during trial. The Court emphasized compliance with investigation and trial proceedings, non-interference with witnesses or evidence, and restrictions on leaving the country without prior notice.

5. Bail Conditions and Future Proceedings:
The Court permitted the prosecution to propose additional conditions deemed necessary, with a warning of bail cancellation for any violation. The trial court was directed to follow specific instructions, and the observations made in the bail application were clarified not to impact the case's merits.

This detailed analysis covers the background, investigation, arguments, court's decision, bail conditions, and future proceedings outlined in the judgment.