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2016 (2) TMI 1321 - HC - Indian LawsSeeking grant of Regular Bail - Cheating - economic offence/heinous offence - Offence u/s 420/467/468/471/120B/34 IPC - HELD THAT:- The present case, as is evident from the facts, is that the applicant has been charged with an economic offence which cannot by any stretch of the expression be called a heinous offence of the category of which the applicants had been charged - In the present case, it is observed that there is no material to suggest that the applicant was tampering with the evidence. There is also no hint or allegation that he will influence the witnesses. The applicant has already been enlarged on bail, under Sections 420/467/468/471/120B/34 IPC and is not stated to have abused the terms and conditions of that order of bail. The submission made on behalf of the prosecution to the effect that the applicant's son Sanjay Kumar was evading arrest and that circumstance disentitles the applicant from grant of bail, is not tenable, inasmuch as, the latter has already been enlarged on bail by the concerned Magistrate - Furthermore, the contention of the prosecution that the applicant had evaded arrest on an earlier occasion is not sustainable, inasmuch as, no proceedings under Sections 82 and 83 Cr.P.C. had admittedly been instituted against him at any point of time. The applicant is entitled to grant of bail pending trial on stringent conditions. Also, the circumstances that the investigating agency has already completed investigation; the charge sheet has been filed; order on charge has been rendered on 12th February, 2016; and the applicant has been in judicial custody since 19.04.2015 cannot be lost sight of - thus, the presence of the applicant in further custody is not necessary. It is directed that the applicant be released on regular bail pending trial on his furnishing a personal bond in the sum of ₹ 1,00,000/- with two sureties of the like amount to the satisfaction of the Trial Court subject to the further conditions imposed - application allowed.
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