Madhya Pradesh High Court
Riches Robert vs The State Of Madhya Pradesh on 28 February, 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 28th OF FEBRUARY, 2022
MISC. CRIMINAL CASE No. 10502 of 2022
Between:-
RICHES ROBERT S/O JIVAN ROBERT , AGED
ABOUT 35 YEARS, OCCUPATION: PRIVATE JOB
1964, PLOT NO.70, MCA COLONY, KATANGA,
P.S.GORAKHPUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI NITIN JAIN, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION GORAKHPUR, DISTT. JABALPUR
(MADHYA PRADESH)
.....RESPONDENT/STATE
(BY SHRI DILIP SHRIVASTAVA, GOVT. ADV. )
This mcrc coming on for admission this day, the court passed the
following:
ORDER
Heard with the aid of a case diary.
This is the first application filed under Section 439 of the Cr.P.C. for grant of bail. Applicant Riches Robert was arrested on 27/1/2022 in connection with Crime No.682/2021 registered at Police Station Gorakhpur, District Jabalpur for the offence punishable under Sections 465, 468, 420 & 34 of the IPC, Sections 21(1), 23 of Irregular Deposit Scheme Ban Act, 2019 and Section 6(1) of Madhya Pradesh Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000.
As per prosecution case, on 19/11/2021, during area petrolling at around 7 pm sub-inspector, K.S. Dubey police station, Gorakhpur received secret information that some person were trying to cheat people in Chhoti Line Chowk by luring them to invest money in the share market. At around 9:00 pm, Basant Kumar came to the police station and informed him that some people were distributing blue and yellow pamphlets near the vegetable market in Chhoti Line Chowk and Signature Not Verified SAN they were promising to pay an interest of 5% per month on deposit of money in Digitally signed by MONIKA CHOURASIA Date: 2022.02.28 17:38:05 IST their office and that money will be invested in the stock market and commodity 2 market. On that, ASI Santosh Rai and Constable Ratnesh Rai went to the spot and took applicant Riches Robert and co-accused Anuj Singh and Sachin Raj to the police station Gorakhpur. The yellow and blue pamphlets were found with them. On interrogation, they informed the police that they work as commission agents for RPS Group and they lured the people to deposit money with the Group on the pretext that investors would get an interest of 5% per month on the money deposited with the company. That money would be invested in the share market and commodity market. They did not open Demat accounts of investors and fraudulently took money from innocent people. On that Sub Inspector, Gorakhpur registered the Crime No.682/2021 for the offence punishable under Sections 420/34 of the IPC, Sections 21(1), 23 of Irregular Deposit Scheme Ban Act and Section 6(1) of Madhya Pradesh Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000 and investigated the matter. During investigation, it was found that RPS Capital Company is run by RPS INDIAMART (OPC) PVT. LTD. Promoted by RPS INDIA GROUP and they took money from innocent people alluring them that their money would be invested in share market and commodity market in lieu of that, they would give cheques to the investors, and that they are collecting money from people without any authority. It was also found that RPS Capital has no legal permission to collect the money from any person for investment still co-accused Rahul Pratap Singh himself is collecting money from innocent people by issuing receipts and invested that amount in share market under his name through Zerodha Brokerage Company and it was also found that co- accused Rahul Pratap Singh has collected Rs.73,50,000/- from the innocent investors. On that, police arrested the applicant and co-accused persons.
Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. There is no allegation against the applicant that the applicant took money from anybody or he embezzled any amount. Only allegation against the applicant is that the applicant distributed pamphlets. The applicant has no criminal past, he has been in custody Signature Not Verified since 27/1/2021, charge sheet has been filed and the conclusion of trial will take SAN Digitally signed by MONIKA CHOURASIA time, hence prayed for release of the applicant on bail.
Date: 2022.02.28 17:38:05 ISTLearned counsel for the respondent/State opposed the prayer.
3Looking to the facts and circumstances of the case and the fact that there is no allegation against the applicant that the applicant took any money from any investors or committed fraud with anybody, applicant has no criminal past, he has been in custody since 27/1/2021, charge sheet has been filed and conclusion of trial will take time, without commenting on merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing 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 concerned 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 m/-
Signature Not Verified SAN Digitally signed by MONIKA CHOURASIA Date: 2022.02.28 17:38:05 IST