Madhya Pradesh High Court
Raghuveer Yadav vs The State Of Madhya Pradesh on 29 April, 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 29th OF APRIL, 2022
MISC. CRIMINAL CASE No. 20222 of 2022
Between:-
RAGHUVEER YADAV S/O SHRI PHOOL SINGH
YADAV , AGED ABOUT 28 YEARS, OCCUPATION:
PRIVATE JOB R/O ISHA NAGAR, POLICE STATION
ISHA NAGAR DISTRICT CHHATARPUR (M.P.)
(MADHYA PRADESH)
.....APPLICANT
(SHRI RAJENDRA KUMAR SHRIVASTAVA, LEARNED COUNSEL FOR
THE APPELLANT )
AND
THE STATE OF MADHYA PRADESH THROUGH ITS
POLICE STATION ISHANAGAR, DISTRICT
CHHATARPUR M.P. (MADHYA PRADESH)
.....RESPONDENT
( SHRI DILIP KUMAR SHRIVASTAVA)
This application coming on for admission this day, the court passed the
following:
ORDER
Heard with the aid of case diary.
This i s second bail application filed by the applicant Raghuveer Yadav under Section 438 of the Cr.P.C. for grant of anticipatory bail. The applicants apprehend their arrest in connection with Crime No.102/2020, registered at P.S. Ishanagar, 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.
The first bail application of the applicant has been dismissed on merits vide order dated 02.08.2021 passed in M.Cr.C. No. 14713/2021.
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 Signature Not Verified SAN the other hand, they closed down the company Office and embezzled the huge Digitally signed by NAVEEN KUMAR SARATHE Date: 2022.04.29 17:11:27 IST amount of innocent people. Thus, they cheated innocent people. The specific 2 allegation against the applicant 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 have falsely been implicated in the offence. There is no evidence on record to show that the applicant induced any person to deposit the money with the company and police did not seize any receipt which was signed the applicant. Even the alleged amount has also been returned to the investors by the company. Applicant is ready to cooperate in the investigation and trial. In the event of arrest, their reputation will be ruined. Under these circumstances, applicants pray for anticipatory bail.
Learned counsel for the State opposed the prayer and submitted that the applicant and other accused person played fraud upon innocent investors and 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, anticipatory bail is barred. So applicant should not be released on anticipatory bail.
Earlier bail application of the applicant has been dismissed on merits vide order dated 02.08.2021 passed in M.Cr.C. No. 14713/2021 there has been no change in circumstance, applicant is still absconding. In the case diary statement of Rakesh Kushwaha it is mentioned that applicant induced him to deposit the amount with the company. It is alleged that the applicant who is the agent of the company in connivance with the other co-accused induced innocent persons to double their money within a stipulated period and embezzled the huge amount of the innocent people.
So looking to the facts and circumstances of the case and the provisions of Section 14 of the M.P. Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000, this Court is not inclined to grant anticipatory bail to the applicant.
Hence, the application is rejected.
Signature Not Verified SAN Digitally signed by NAVEEN KUMAR SARATHE Date: 2022.04.29 17:11:27 IST(RAJEEV KUMAR DUBEY) 3 JUDGE sarathe Signature Not Verified SAN Digitally signed by NAVEEN KUMAR SARATHE Date: 2022.04.29 17:11:27 IST