TMI Blog2021 (3) TMI 1418X X X X Extracts X X X X X X X X Extracts X X X X ..... d by a plethora of decisions of this Court that criminal proceedings are not for realization of disputed dues. It is open to a Court to grant or refuse the prayer for bail, depending on the facts and circumstance of the particular case. The factors to be taken into consideration, while considering an application for bail are, the nature of accusation and the severity of the punishment in the case of conviction; the nature of the materials relied upon by the prosecution; reasonable apprehension of tampering with the witnesses or apprehension of threat to the complainant or the witnesses; reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; character behaviour and standing o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the petitioner has been granted bail, subject inter-alia to the condition of deposit of bank guarantee of Rs.53,60,000/- in the Trial Court. The impugned condition is extracted hereinbelow for convenience: .(iv) Petitioners shall deposit Rs.53,60,000/- by way of bank draft before the learned trial court in the name of the informant and the trial court shall release the same after obtaining an affidavit from the informant. Parties are at liberty to amicably settle their dispute. If the amount of Rs.53,60,000/- is paid within a period of 60 days from the date of provisional bail, the same shall be made absolute on the conditions as stated above. XXX XXX XXX (viii) If the petitioners fail to deposit the said amount within 60 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion, while considering an application for bail are, the nature of accusation and the severity of the punishment in the case of conviction; the nature of the materials relied upon by the prosecution; reasonable apprehension of tampering with the witnesses or apprehension of threat to the complainant or the witnesses; reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; character behaviour and standing of the accused; the larger interest of the public or the State and similar other considerations. A Criminal Court, exercising jurisdiction to grant bail/anticipatory bail, is not expected to act as a recovery agent to realise the dues of the complainant, and that too, without ..... X X X X Extracts X X X X X X X X Extracts X X X X
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