Madhya Pradesh High Court
Devendra Kumar vs The State Of M.P. on 16 March, 2021
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.6428/2021
(Devendra Kumar Vs. State of M.P. )
1
Jabalpur, Dated : 16 / 03 / 2021
Shri Manish Datt, Sr. counsel with Shri Pawan Gujar, counsel for
the applicant.
Shri Mukund Chourasiya, P.L. for the respondent / State.
Heard with the aid of case diary.
This is first application filed under section 439 Cr.P.C. Applicant Devendra Kumar was arrested on 20.01.2021 in Crime No. 167/2016 registered at Police Station Kotwali, District Anuppur for the offence punishable under Section 420, 467, 468, 471 & 120B of the IPC and Section 6 (1) of Madhya Pradesh Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000.
As per prosecution case, the applicant and co-accused persons, who were the Managing Director, Directors of Shristhi Ware Industries through their employee/agent collected money from innocent persons assuring them to give handsome returns after some time. However, they did not pay the money even after the maturity periods. On the other hand, they closed down the company office and fled away and thus cheated the innocent people. The specific allegations against the applicant is that he was the Director of the company and involved in the crime with the other co-accused.
Learned counsel for the applicant submits that applicant has not committed any offence and has falsely been implicated in the offence. Even then, the applicant is ready to deposit Rs.10,00,000/- (Rs. Ten Lakh) from the alleged amount under protest. Charge sheet has been filed. The applicant is in custody since 20.01.2021 and the conclusion of trial will take time hence, prayed for release of the applicant on bail.
Learned counsel for the State opposed the prayer and submitted that the applicant and all the other accused persons played fraud upon innocent investors and deprived them of their hard earned money. Sufficient evidence is available on record to connect the applicant with the offence in question, so he should not be released on bail.
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.6428/2021 (Devendra Kumar Vs. State of M.P. ) 2 Looking to the facts and circumstances of the case and the fact that the applicant is ready to deposit Rs.10,00,000/- (Rs. Ten Lakh) from the alleged amount under protest, he is in custody since 20.01.2021, charge sheet has been filed and conclusion of trial will take time, so without commenting anything on the merits of the case, the application is allowed and the applicant is directed to be released on bail subject to depositing a sum of Rs.10,00,000/- (Rs. Ten Lakh) in fix deposit in any nationalized bank and on depositing receipt of that F.D. before the concerning Court and on 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 trial 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.
The amount so deposited by the applicant in fix deposit, shall be subject to final outcome of the case.
C.C. on payment of usual charges.
(Rajeev Kumar Dubey)
sarathe Judge
Digitally signed
by NAVEEN
KUMAR
SARATHE
Date:
2021.03.16
17:56:43 +05'30'