CRM-M No. 15189 of 2011 **** Rajpal Singh vs. State of Haryana Present: Mr. Vikram Chaudhary, Advocate for the petitioner. Ms. Shalini Attri, DAG, Haryana. Mr.Vikas Chaudhary, Advocate for the complainant. **** This is a petition for anticipatory bail filed in case bearing FIR No.323 dated 1.5.2011, under Sections 406, 420, 506 IPC registered at Police Station Hisar Sadar, District Hisar. On 18.05.2011 the following contention was noticed:- “Learned counsel states that present is a case where the petitioner did take money from the complainant but it was a friendly loan and the same was duly returned except for the exorbitant demand of interest which was being made by the complainant and it was for this reason that this false complaint has been lodged against the petitioner. States that in any case in order to show his bona fides he is ready to deposit Rs. 2, 54, 600/- in the name of the Illaqa Magistrate which can be retained to be returned at the conclusion of the legal process to the party found entitled thereto.” Learned counsel for the complainant states that the amount of ` 2,54, 600/- is only the principal amount and further that the petitioner has blank documents signed by the wife of the complainant as well as two cheques. Learned counsel for the petitioner states that the petitioner has no claim against the complainant and, therefore, there is no question that he will ever present a cheque or use any document which may be signed by the wife of the complainant. As regards the claim of the complainant for CRM-M No. 15189 of 2011 -2- interest, the money which is now being deposited would be without prejudice to any such claim for interest or damages which the complainant would be better advised to seek through a civil Court. In the circumstances I deem it appropriate to grant the concession of anticipatory bail to the petitioner. In the circumstances let the petitioner appear before the Illaqa Magistrate on 03.06.2011 with a deposit of ` 2,54,600/- in his favour and then appear before the investigating officer on 10.06.2011 with a copy of the receipt of the said deposit. On receipt of the said deposit the investigating officer shall release the petitioner on bail to his satisfaction subject to the conditions as laid down under Section 438 (2) Cr.P.C. and keep the fixed deposit receipt in safe custody till the conclusion of the legal process, to be dealt with as indicated above. Petition stands disposed of. ( AJAY TEWARI ) JUDGE May 25, 2011 sunita