Madhya Pradesh High Court
Prabhat Sahu vs The State Of Madhya Pradesh on 4 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 4th OF JULY, 2022
MISC. CRIMINAL CASE No. 21210 of 2022
Between:-
PRABHAT SAHU S/O SHRI JAGDISH SAHU, AGED
ABOUT 28 YEARS, OCCUPATION: PRIVATE JOB,
R/O ISHA NAGAR, POLICE STATION ISHA
NAGAR DISTRICT CHHATARPUR (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI RAJENDRA KUMAR SHRIVASTAVA, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION ISHA NAGAR, DISTRICT
CHHATARPUR (MADHYA PRADESH)
.....RESPONDENT/STATE
(BY SHRI CHANDRAPAL SINGH PARMAR, GOVT.ADV. )
This application coming on for admission this day, the court passed the
following:
ORDER
Heard with aid of case diary.
This is the third bail application filed by applicant Prabhat Sahu under Signature Not Verified SAN Section 438 of CrPC for grant of anticipatory bail. The applicant apprehends Digitally signed by MONIKA CHOURASIA Date: 2022.07.04 18:47:59 IST his arrest in connection with Crime No. 102/2020 registered at P.S. Ishanagar, 2 Distt. Chhatarpur (M.P.) for the offence punishable under Sections 420, 406, 467, 468 and 120-B of IPC and Section 76 of the Chit fund Act,1982.
First bail application of the applicant was dismissed on merits by this Court vide order dated 2/8/2021 passed in MCrC no.14713/2021 and second bail application of the applicant was dismissed for non-compliance of peremptory order dated 8/12/2021 passed by this Court in MCrC no.43044/2021.
As per prosecution case, the applicant and co-accused person, who were the Chairman and Agents of Pincon Group of Company, collected huge amount from innocent persons assuring them to double their money within a stipulated period. However, they did not pay the money even after the maturity periods. On the other hand, they closed down the company Office and embezzled the huge amount of innocent people. Thus, they cheated innocent people. The specific allegation against the applicant is that he is the agent of the company and he induced the complainant/other innocent people to deposit the money with the company.
Learned counsel for the applicant submits that applicant has not committed any offence and has falsely been implicated in the offence. There is no evidence on record to show that the applicant induced anybody to deposit the money with the company or he collected the money from any investor. Applicant has no criminal past. Charge sheet has been filed. Applicant is ready to cooperate in the investigation and trial. Custodial interrogation is not required in the matter. In the event of arrest, his reputation will be ruined. Under these circumstances, applicant prays for anticipatory bail.
Signature Not Verified SANLearned counsel for the State opposed the prayer and submitted that the Digitally signed by MONIKA CHOURASIA Date: 2022.07.04 18:47:59 IST applicant and other accused persons played fraud upon innocent investors and 3 deprived them of their hard earned money. The applicant is the agent of the company. The offence under Section 6 of the M.P. Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000 is also made out against the applicant. According to Section 14 of the M.P. Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000 (further referred to as “the Actâ€) anticipatory bail is barred. So, he should not be released on anticipatory bail.
The bar under Section 14 of the M.P. Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000, only applies where from the charge sheet prima facie offence under the act is made out against the applicant. While in this case, there is no legal evidence on record to show that the applicant was the employee or agent of the company or he induced any person to deposit money with the said company or he collected any amount from innocent investors.
Though, the name of the applicant is mentioned in the FIR but in the case diary statements of prosecution witnesses, it is not mentioned that the applicant was involved in the crime. So from the charge sheet, prima facie offence under the act is not made out against the applicant. He has no criminal past. So looking to the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed and it is directed that in the event of surrendering by the applicant before trial Court within 15 days from today in connection with the aforesaid crime, the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty thousand only) with separate surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be Signature Not Verified SAN fixed in this behalf by the trial Court during the pendency of trial.
Digitally signed by MONIKA CHOURASIAThis order will remain operative subject to compliance of the following Date: 2022.07.04 18:47:59 IST 4 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 investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her 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/Investigating Officer, as the case may be.
C.C. as per rules.
(RAJEEV KUMAR DUBEY) JUDGE m/-
Signature Not Verified SAN Digitally signed by MONIKA CHOURASIA Date: 2022.07.04 18:47:59 IST