Madhya Pradesh High Court
Rinku @ Anil Jain vs The State Of Madhya Pradesh on 21 April, 2023
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 21 st OF APRIL, 2023
MISC. CRIMINAL CASE No. 39031 of 2022
BETWEEN:-
RINKU @ ANIL JAIN S/O LATE SHRI KAPOORCHAND
JAIN, AGED ABOUT 36 YEARS, OCCUPATION: GOVT.
JOB VILLAGE OF ISHANAGAR P.S. ISHANAGAR
DISTRICT CHHATARPUR (MADHYA PRADESH)
.....APPLICANT
(BY SHRI S. K. TIWARI - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH P.S.
ISHANAGAR CHHATARPUR (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI SANTOSH YADAV - DY. GOVT. ADVOCATE )
This application coming on for admission this day, the court passed the
following:
ORDER
This is third bail 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 23.7.2020 registered at Police Station-Ishanagar, District Chhatarpur for the offence under Sections 420, 406, 467, 468, 120-B of IPC and Section 76 of Chit Fund Act. He is in detention since 8.7.2021.
His earlier two bail applications were dismissed on merits vide order dated 21.10.2021 passed in M.Cr.C. No.38092/2021 and order dated 25.2.2022 passed in M.Cr.C. No.5173/2022 Signature Not Verified As per the prosecution case, the applicant and co-accused persons, who Signed by: DEEPA MISHRA Signing time: 4/21/2023 5:47:15 PM 2 were 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 he was the agent of the 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 submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. 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 co-ordinate Bench of this Court had granted bail to the co-accused Kamlesh Asati vide order dated 23358/2022 who is also an agent of the Company. Therefore, it has been prayed that the applicant be released on bail pending the trial.
On the other hand, learned counsel for the State has opposed the grant of bail to the applicant.
Having taken into consideration all the facts and circumstances of the case and the fact that trial of the case will take considerable time and custody period of the applicant, I am inclined to release the applicant on bail. Consequently, this third bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.
It is directed that applicant-Rinku @ Anil Jain be released on bail on h is furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Signature Not Verified Signed by: DEEPA MISHRA Signing time: 4/21/2023 5:47:15 PM 3 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.
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 mrs. mishra Signature Not Verified Signed by: DEEPA MISHRA Signing time: 4/21/2023 5:47:15 PM