Madhya Pradesh High Court
Sandeep Kushwah vs The State Of Madhya Pradesh on 29 August, 2022
Author: Anil Verma
Bench: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 29th DAY OF AUGUST, 2022
MISC. CRIMINAL CASE NO. 36688 OF 2022
Between:-
NARENDRA
SON OF KAILASH KUMAWAT
AGED 46 YEARS, OCCUPATION BUSINESS
RESIDENT OF 366-A-MISRILAL NAGAR
DEWAS (MP)
....... APPLICANT
(BY SHRI ANAND VERMA, ADVOCATE)
AND
STATE OF MADHYA PRADESH
THROUGH POLICE STATION S.T.F
INDORE (MP)
........RESPONDENTS
(SHRI GOVIND PUROHIT, G.A.)
&
2
MISC. CRIMINAL CASE NO. 36895 OF 2022
Between:-
SANDEEP KUSHWAH
SON OF BABURAM KUSHWAH
AGED 35 YEARS, OCCUPATION BUSINESS
RESIDENT OF HOUSE NO. 42, SHISAK COLONY
BADNAGAR, TEHSIL BADNAGAR
DISTRICT UJJAIN (MP)
....... APPLICANT
(BY SHRI VINAY GANDHI, ADVOCATE)
AND
STATE OF MADHYA PRADESH
THROUGH POLICE STATION S.T.F
INDORE (MP)
........RESPONDENTS
(SHRI GOVIND PUROHIT, G.A.)
These applications coming on this day for hearing, the court
passed the following:
ORDER
Applicants have filed these first bail applications under Section 439 of the Code of Criminal Procedure, 1973. The 3 applicant Narendra is in custody since 9.5.2022 and applicant Sandeep is in custody since 10.5.2022 in connection with Crime No. 19/2022 registered at P.S. - S.T.F. Indore District Indore (M.P.) for commission of offence punishable under Section 420, 467, 468, 471 and 120-B of IPC.
As per the prosecution story, on 7.5.2022 a complaint was filed by complainants Yajuvendra Mishra and Arun Mishra against the accused Devendra Malviya and Imran Khan by stating that both these accused are directors of SGS company and provided job to the job seekers in various government department including Military Engineering Services Government of India, Public Works Department, Railways etc. On 8.5.2022 Dy. Superintendent of Police issued search warrant against the accused who established his office at LG 13, Orbit Mall Vijay Nagar Indore. The STF raided the office of accused and found both the accused persons and Satish Malviya at spot with laptop, printer and fake documents of complainants. It was further alleged that accused cheated complainants by way of providing fake joining letter for the post of Junior Engineer in MES and other departments and acquired Rs. 5,10,000/- from complainants and Rs. 4,00,000/- from Arjun Mishra. Accordingly a case has been registered against the accused persons. Thereafter on the basis of memorandum given by co accused persons under Section 27 of Evidence, the applicants were made accused in this offence.
4Learned counsel for the applicants submits that applicants are innocent and they have been falsely implicated in this matter. The applicant Narendra is in custody since 9.5.2022 and applicant Sandeep is in custody since 10.5.2022. They are not named in the FIR. They have been made accused in this offence only on the basis of memorandum given by accused persons under section 27 of Evidence Act. They have no criminal background. Applicant Sandeep is himself victim of crime committed by other accused persons. They are permanent resident of District Dewas and Ujjain. Final conclusion of trial will take considerable long time. Hence, he prays that applicants be released on bail.
Per-contra, learned PL for respondent/State opposes the bail applications and prays for its rejection by submiting that both the applicants have committed fraud and cheating with the victum persons on the pretext that they will get employment in various government institutions, sufficient evidence is available on record, hence applicants do not deserve for bail.
Perused the case diary as well as the impugned order of the court below.
From perusal of the statement of bank account it appears that several times various amount has been transferred by co-accused persons in the bank account of present applicants, it appears that applicants are running coaching institute and they have sent victim persons to the other co-accused persons on commission basis. It is 5 prima facie found that on the pretext of getting employment to the victim persons in government institutions, applicants have cheated the unemployed youth persons and fraudlently got huge amount of money, investigation is still pending and some forged order of appoitnment has been isued to several victim persons.
Considering the facts and circumstances of the case, nature and gravity of allegation and in view of evidence available on record, it appears that both applicants are also part of conspiracy, therefore, in view of the prima facie evidence available on record, this Court is not inclined to grant bail to both the applicants.
Hence these M.Cr.Cs. filed by applicants under section 439 of Cr.P.C. are hereby dismissed.
Certified copy as per rules.
(ANIL VERMA) JUDGE BDJ Digitally signed by BHUVNESHWAR DATT JOSHI Date: 2022.08.29 18:34:33 +05'30'