Madhya Pradesh High Court
Hari Singh vs The State Of Madhya Pradesh on 26 September, 2024
NEUTRAL CITATION NO. 2024:MPHC-GWL:17070
1 MCRC-37797-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 26th OF SEPTEMBER, 2024
MISC. CRIMINAL CASE No. 37797 of 2024
HARI SINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Jitendra Kumar Tiwari - Advocate appeared through V.C. and
Shri Awadhesh Pratap Singh Sisodiya - Advocate for the applicant.
Shri Abhishek Bhadoriya- Public Prosecutor for the respondent/State.
ORDER
This is the second application filed by the applicant under Section 439 of Cr.P.C. for grant of bail relating to Crime No.390/2018 registered at Police Station Kotwali, District Datia (M.P.) for the offence under Sections 420, 467, 468, 469, 471, 406, 409, 120-B of IPC and Section 5(1)& 6(1) of M.P. Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000. His first bail application M.Cr.C.No.42555/2023 was dismissed as withdrawn vide order dated 02.11.2023.
Learned counsel for the present applicant submits that the co-accused Binay has been enlarged on bail by this Court vide order dated 10.09.2024 passed in M.Cr.C.No.19428 of 2024. It is also submitted that the case of the present applicant is similar to that of Binay, who has been granted the benefit of bail. Though, first application was dismissed as withdrawn on Signature Not Verified Signed by: SUBASRI MANI Signing time: 27-09-2024 17:58:41 NEUTRAL CITATION NO. 2024:MPHC-GWL:17070 2 MCRC-37797-2024 02.11.2023, but he is in custody for more than one year since 10.07.2023. He is not involved in the offence. After withdrawal of first application, the co-accused has been enlarged on bail. Charge-sheet has already been filed on 06.09.2023. He is ready and willing to abide by all the terms and conditions which may be imposed by this Court upon him. Therefore, prayed for grant of bail to the applicant.
Per contra, learned counsel for the State opposed the bail application on the ground that the name of co-accused Binay as an office holder was not found place in the F.I.R. and since he was not the officer/employer of the Company, therefore, he has been granted bail but so far as the present applicant is concerned, he being Vice President of the Company, his name has been written in the F.I.R. and direct role of the applicant is reflected from the material available in the case diary. The amount involved in the incident is more than 10-12 crores. While referring the page of case diary, it is also submitted that in the account of Universal Multi-State Credit Cooperative Society Ltd, total amount of 10,19,17,418/- has been deposited in which the present applicant was Vice Chairman. Ample evidence is on record against the present applicant. The case of the present applicant is different from co- accused Binay, who has been granted bail. There are criminal antecedents against the applicant. Hence prayed for dismissal of the bail application.
Having heard learned counsel for the parties and perusal of record, it reveals that case of the present applicant is not similar to that of co-accused Binay, who has been enlarged on bail. As per the F.I.R., present applicant and Vikram Singh and Rajkumar have directly in contact with the Signature Not Verified Signed by: SUBASRI MANI Signing time: 27-09-2024 17:58:41 NEUTRAL CITATION NO. 2024:MPHC-GWL:17070 3 MCRC-37797-2024 investors/complainants and they induced them to invest their money with the Pincon Group of Companies. That apart, the present applicant is a Vice Chairman of Universal Multi-State Credit Cooperative Society Ltd which is included in the Pincon Group of Companies. That apart, he is the director in Greennage Food Product Ltd., Pincon Infrastructure Ltd, L.R.N. Finance Ltd, as per the documents attached at page 120, 127, 170, 174 of the case diary whereas no documents was there on record in relation to co-accused Binay of his posting as a Director and official of the Pincon Group of Companies. More over there is direct involvement of the applicant in the said offence in which the offence has been committed at large level.
Having considered the attending facts and circumstances of the case and looking to the gravity of the offence but without commenting upon merits of the case, the present applicant is not entitled to be released on bail at this stage.
The bail application of the applicant is hereby dismissed.
(RAJENDRA KUMAR VANI) JUDGE mani Signature Not Verified Signed by: SUBASRI MANI Signing time: 27-09-2024 17:58:41