Madhya Pradesh High Court
Krishnakant Sharma vs The State Of Madhya Pradesh on 18 August, 2022
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
M.Cr.C. No.9506 of 2022
Between:-
KRISHNAKANT SHARMA S/O RAMVINAY SHARMA,
AGED ABOUT 37 YEARS, OCCUPATION: PRIVATE
JOB R/O URJA NAGAR, P.S. DANPUR, NEAR
NEELKANTH APARTMENT DISTRICT- PATNA,
BIHAR, (BIHAR)
.....PETITIONER
(BY MR. MANISH DATT, SR. ADVOCATE WITH MR.
M.SHARMA, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH P.S.
S.T.F. DISTRICT- BHOPAL, M.P. (MADHYA PRADESH)
.....RESPONDENTS
(BY MR. SANTOSH YADAV, DY. GOVT. ADVOCATE)
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Reserved on : 20.06.2022
Delivered on : 18.08.2022
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This application coming on for hearing on this day, the court
passed the following:
ORDER
This is first bail application filed under Section 439 of Cr.P.C. on behalf of applicant, who is in jail since 08.10.2021 in connection with Crime No.01/2021, registered at Police Station 2 S.T.F. District Bhopal (M.P.) for the offence punishable under Sections 420, 467, 468, 471, 120-B of IPC.
As per prosecution story, one Vivek Mishra lodged a complaint that applicant had cheated the victim for sum of Rs.36 Lacs for securing admission of one Prateek Mishra in Medical College.
Learned Sr. Counsel appearing for applicant submitted that applicant is innocent and has falsely been implicated in the case. There is no specific seizure from the applicant and one of the co- accused namely Deepak Kumar has already been enlarged on bail by this Court in M.Cr.C.No.1093/2022 on 28.01.2022. It is submitted that applicant had neither been named in FIR, nor is there any specific statement of complainant, wherein specific name and mobile number has been mentioned along with detailed transactions taking place between applicant and complainant. Applicant is not the main accused in the case and has falsely been implicated. Items, which have been seized from the applicant has any nexus with crime has not been showed by investigating agency. Applicant is said to have done meager transaction of Rs.4 Lacs only and some amount has already been transferred in account of Mr. Kuldeep Tiwari. It is submitted that applicant is ready to deposit Rs.1,50,000/-. In these circumstances, prayer is made that the applicant may be released on bail.
Govt. Advocate appearing for State opposed the prayer for grant of bail. It is submitted that applicant along with other accused persons were committing an organized crime and systematically defrauding young men by promising them 3 admission in medical college. Applicant is also required in other criminal cases. Applicant is resident of Bihar and is involved in organized white collar crime and he, if released on bail, may influence witnesses and other evidences in the case. Applicant may escape and securing his presence in Court on the basis of bail bonds will be difficult task. In these circumstances, applicant may not be released on bail and therefore, this bail application may be dismissed.
Heard learned counsel for parties.
Considering facts and circumstances of the case, it is found that number of innocent students were cheated by applicant and other accused persons. Investigation in the case in respect of other victims of crime is going on. As per records available with investigating agencies, amount of cheating and fraud may extend to crores of rupees. In one case i.e. in Crime No.08/2022, applicant along with other accused persons had cheated and defrauded the complainant for sum of Rs.27 Lacs and in other Crime No.01/2021, applicant had cheated and defrauded the complainant for sum of Rs.36 Lacs. There is evidence available on record that applicant had received amount in his account in other crime numbers. In Crime No.08/2022, applicant impersonated himself as K.K.Gauda and had met the victims and assured them for admission in college. Complainant recognized the applicant and they met him in KIMS College at Banglore and he misrepresented himself to be Manager. There are many persons, who were victims of applicant's crime which include Kuldeep Tiwari Kunwar Singh, Dr. Ashok Kumar, Vivek Mishra and Dr. Rakesh Meshram.
4Considering the totality of facts and circumstances of the case, particularly the involvement of applicant with other co- accused persons in organized/syndicate crime for cheating and defrauding young persons and their family members of their valuable money and proposal of deposit of Rs.1.5 Lacs will not absolve the applicant of the crime. Rs.1.5 Lacs is only tip of an iceberg. Number of accused persons namely, Sandeep Karwariya, Devraj Mishra, Ajeet Chouhan, Patil, Rakesh Verma, Deepak Kumar Singh are said to be involved in the crime by misrepresenting victims to get them admitted in Gandhi Medical College and Lokmanya Tilak Medical College. Looking to the number of victims, sum by which victims have been defrauded, I do not find it a fit case to grant bail to the application.
Bail application is dismissed.
Ad-interim bail granted to the applicant is cancelled and personal bond, one surety and one security furnished by applicant before trial Court are also cancelled. Concerned Police Station is directed to take applicant in custody.
(VISHAL DHAGAT) JUDGE nd NEETI TIWARI 2022.08.22 14:05:36 +05'30'