10 July 2025 Bail and Antcipatory Bail >> Criminal Law   |   Cheating >> Criminal Law   |   Forgery >> Criminal Law  

In a second bail application, the High Court of Madhya Pradesh has granted bail to an individual accused of several financial crimes, including cheating, forgery, and criminal breach of trust. The applicant had been in custody since July 2, 2024, in connection with a case registered at Police Station Jeeran, District Neemuch, under various sections of the Indian Penal Code and the Bhartiya Nagrik Suraksha Sanhita, 2023.

The applicant's first bail application had been dismissed as withdrawn by a co-ordinate bench on January 23, 2025.

During the hearing, the applicant's counsel made a key submission, stating that while the applicant has a history of 26 other cases, only three are currently pending, with the rest having been disposed of. The counsel also offered to deposit a sum of Rs. 2,98,000, requesting a reasonable period to do so. The counsel for the respondent/State opposed the bail application.

Considering the submissions and a review of the case diary, the court decided to grant bail. The decision was primarily influenced by the applicant's undertaking to deposit the specified amount. The court set out a structured payment plan:

• Upfront Deposit: The applicant must deposit Rs. 1,00,000 in a fixed deposit in a nationalized bank before being released on bail. The receipt or certificate for this deposit must be submitted to the trial court.
• Installment Payments: The remaining amount of Rs. 1,98,000 is to be deposited in three equal monthly installments of Rs. 66,000 each, within three months of the applicant's release. These deposits are also to be made in a fixed deposit in a nationalized bank, with receipts provided to the trial court.

The court explicitly stated that the deposited amount would be subject to the final outcome of the trial. The applicant is required to furnish a personal bond of Rs. 25,000 with one solvent surety. The bail order is contingent on the applicant providing an undertaking to adhere to the payment schedule and all other conditions of bail as enumerated under Section 437(3) of the Cr.P.C. The court also made it clear that the bail was being granted without expressing any opinion on the merits of the case itself.

Indian Penal Code, 1860  

BHARATIYA NAGARIK SURAKSHA SANHITA, 2023