Raghueer Yadav vs The State Of Madhya Pradesh on 11 January, 2024

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Madhya Pradesh High Court

Raghueer Yadav vs The State Of Madhya Pradesh on 11 January, 2024

Bench: Dinesh Kumar Paliwal

                                                          1
                                 IN    THE         HIGH COURT OF MADHYA
                                                       PRADESH
                                                     AT JABALPUR
                                                  BEFORE
                                HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                            ON THE 11 th OF JANUARY, 2024
                                       MISC. CRIMINAL CASE No. 50703 of 2023

                           BETWEEN:-
                           RAGHUVEER YADAV S/O SHRI PHOOL SINGH
                           YADAV, AGED ABOUT 26 YEARS, OCCUPATION:
                           PRIVATE JOB R/O WARD NO 19 ISHA NAGAR
                           POLICE STATION ISHA NAGAR DISTRICT
                           CHHATARPUR (MADHYA PRADESH)

                                                                                     .....APPLICANT
                           (BY SHRI RAJENDRA KUMAR SHRIVASTAVA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH ITS
                           POLICE STATION ISHA NAGAR DISTRICT
                           CHHATARPUR (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                           (BY SHRI PRADEEP GUPTA - PANEL LAWYER)

                                 T h is application coming on for admission this day, t h e court
                           passed the following:
                                                           ORDER

This is first application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No.102/2020, dated 23.07.2020 registered at Police Station Isha Nagar, District - Chhatarpur (M.P.) for commission of offence punishable under Section 420, 406, 467, 468, 120-B of IPC and Section 76 of Chit Fund Act. Applicant is in detention since 01.09.2023.

Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 1/12/2024 3:28:48 PM 2

2. A s per the prosecution story, 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.

3 . Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. The offence was committed by the co-accused Manoranjan Rai, Chairman of the company. The applicant is merely an agent of the company. The amount collected by t h e applicant was deposited by him in the company's account. The applicant has been in custody since 01.09.2023. Charge-sheet has been filed and the conclusion of the trial will take time. Therefore, it is prayed that the applicant may be released on bail.

4. On the other hand, 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 5 . Applicant is in custody since 01.09.2023. The applicant is Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 1/12/2024 3:28:48 PM 3 merely an agent of the company. Therefore, h a v in g taken into consideration the totality of allegations, the fact that trial of the case will take considerable time, but without expressing anything on the merits of the case, I am of the view that it is a case in which further pre-trial detention of the applicant is not warranted. Consequently, this bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

6. It is directed that applicant - Raghuveer Yadav be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

7 . This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE Jasleen Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 1/12/2024 3:28:48 PM

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Madhya Pradesh High Court