Criminal Procedure Code, 1973
Section 439—Bail—Offence of cheating—Case registered under Sections 406, 409 and 420 read with Section 34 of IPC—Alleged offences have their genesis in the partnership disputes—Mere failure to perform contract by itself does not amount to cheating—Investigation is practically complete—Charge-sheet has been lodged—Offences revolve around documents—Applicant appears to have roots in society—Possibility of tampering with evidence and fleeing away from justice also appears to be remote—Bail granted.
[Paras 8 to 12]
Decision : Application allowed