Madhya Pradesh High Court
Kamlesh Asati vs The State Of Madhya Pradesh on 19 July, 2022
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
ON THE 19th OF JULY, 2022
MISC. CRIMINAL CASE No. 23358 of 2022
Between:-
KAMLESH ASATI S/O MATHURA PRASAD ,
AGED ABOUT 32 YEARS, OCCUPATION: PRIVET
JOB R/O VILLAGE ISHANAGAR, P.S.
ISHANAGAR, DISTRICT- CHHATARPUR, M.P.
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI S.K. TIWIAR, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION ISHANAGAR DISTRICT
CHHATARPUPR MP (MADHYA PRADESH)
.....RESPONDENT
(BY SMT. EKTA GUPTA, PANEL LAWYER)
This application coming on for admission this day, the court passed the
following:
ORDER
Heard with the aid of case diary.
T his i s second bail application filed under Section 439 of Cr.P.C. Applicant Kamlesh Asati was arrested on 08.07.2021 in connection with Crime No.102/2020 registered at Police Station Ishanagar, District Chattarpur for the offence punishable under Sections 420, 406, 467, 468 120-B of IPC and Section 76 of Chit Fund Act.
Signature Not VerifiedSAN The first bail application of the applicant was dismissed on merit by this Digitally signed by MANOJ NAIR Date: 2022.07.19 17:10:17 IST Court vide order dated 21/10/2021 passed in M.Cr.C.No.38092/2021.
2As per the prosecution case, the applicant and co-accused persons, who were the Director, Manager, Employees and Agents of Pincon Group of Company had collected huge amounts from innocent persons assuring them that they would get handsome returns after the stipulated period. However, they did not pay the money even after the maturity period. On the other hand, they closed down the company office. Thus they cheated innocent people. The specific allegation against the applicant is that the applicant was the Agent of the said company and he induced the innocent investors to deposit the money with the company and also collected money from them.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. The applicant is merely an agent of the company. The amount collected by the applicant was deposited by him in the company's account. The applicant has been in custody since 08.07.2021 and the conclusion of the trial will take time. Hence prayed for the release of the applicant on bail.
Learned counsel for the State opposed the prayer and submitted that the applicant and other accused persons played fraud upon innocent investors and deprived them of their hard-earned money. Sufficient evidence is available on record to connect the applicant with the offence in question, so he should not be released on bail.
Though, earlier bail application of the applicant was dismissed on merits by this Court vide order dated 21/10/2021 passed in M.Cr.C.No.38092/2021, the applicant is merely an agent of the company, he has no criminal past, he is in Signature Not Verified SAN custody since 8/7/2021 while trial is still pending and conclusion of trail will take Digitally signed by MANOJ NAIR time, without commenting on the merits of the case, the application is allowed Date: 2022.07.19 17:10:17 IST and it is directed that the applicant be released on bail upon his furnishing 3 personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the trial;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without prior permission of the trial Court.
C.C. on payment of usual charges.
(RAJEEV KUMAR DUBEY) JUDGE mn Signature Not Verified SAN Digitally signed by MANOJ NAIR Date: 2022.07.19 17:10:17 IST