Madhya Pradesh High Court
Ashish Kumar Gupta vs State Of Madhya Pradesh on 22 July, 2020
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
M.Cr.C. No. 6363/2020
( Ashish Kumar Gupta Vs. The State of Madhya Pradesh )
(1)
Gwalior, dated : 22/07/2020
Shri Awadhesh Pratap Singh Sisodiya, Advocate for the
applicant.
Shri C.P.Singh, Panel Lawyer for the respondent/State.
In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.
Heard learned counsel for the parties.
Case diary perused.
The applicant has filed this repeat application under section 439 of the Cr.P.C. for grant of bail. The first one was dismissed as withdrawn vide order dated 7/12/18 passed in M.Cr.C. No.45976/2018.
The applicant has been arrested by Police Station Basoda, District Vidisha, in connection with Crime No.1157/2016 registered in relation to the offences punishable under sections 420, 467, 468, 409, 120B, 34 of the IPC and section 6 of the Madhya Pradesh Nikshepkon Ke Hiton Ka Sanrakshan Adhiniyiam, 2000.
Prosecution story in short is that complainants had deposited lacs of rupees in five year term deposit scheme with B.N. Gold Real HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No. 6363/2020 ( Ashish Kumar Gupta Vs. The State of Madhya Pradesh ) (2) Estate & Allied Limited & VNG Global India Limited, Subhash Chowk, Ganj Basoda, with the understanding that the money would be returned in 2016. When the complainants demanded the money, they found that the Office of the Company at Basoda had been closed, all the officials had fled and were not traceable. On the basis of aforesaid, crime has been registered.
Learned counsel for the applicant submits that the applicant has been falsely implicated. He is in custody since 25/7/2018. Charge-sheet has been filed. No further custodial interrogation is required. The applicant was only an employee and has worked in the capacity of Assistant General Manager of the said Company for a period of fifteen months only. The role of the applicant was to identify the properties to be purchased by the Company and was not involved with the customers. He resigned from the Company on 15/12/2011 i.e. more than five years before the FIR was lodged. Co- accused Gurvindar Singh is the owner of the Company. Counsel for the applicant further submitted that due to COVID-19 outbreak, trial is being delayed and detention of applicant in already congested prisons may be detrimental. The applicant is permanent resident of Indore and there is no likelihood of his absconsion or tampering with the prosecution evidence. With the aforesaid submissions, prayer for grant of bail is made.
HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No. 6363/2020 ( Ashish Kumar Gupta Vs. The State of Madhya Pradesh ) (3) Learned Panel Lawyer opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out. It is submitted that large number of properties have been purchased in the name of Company through the present applicant. Other co- accused persons are still absconding. Crores of public money is involved in the offence. There is every possibility of absconsion of the applicant if released on bail.
At this stage, applicant volunteered to deposit an amount of Rs.50,00,000/-(Rupees Fifty Lacs Only) with the trial Court.
However, it would not be desirable to enter into the merits of the rival contentions at this juncture.
Considering the facts and circumstances of the case including that due to COVID-19, trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that applicant namely Ashish Kumar Gupta be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No. 6363/2020 ( Ashish Kumar Gupta Vs. The State of Madhya Pradesh ) (4) the trial Court for his appearance on the dates given by the concerned Court. The applicant shall also furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.
It is made clear that benefit of bail shall be extended to the applicant only on his depositing an amount of Rs.50,00,000/- (Rupees Fifty Lacs only) with the trial Court. The said amount shall not be disbursed without permission of this Court.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant shall install Aarogya Setu App (if not already installed) in his mobile phone.
2. The applicant will comply with all the terms and conditions of the bond executed by him;
3. The applicant will cooperate in the investigation/trial, as the case may be;
4. The applicant will not indulge in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. If the applicant commits any offence while on bail, HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No. 6363/2020 ( Ashish Kumar Gupta Vs. The State of Madhya Pradesh ) (5) this order shall automatically stand cancelled without reference to the Court.
Learned Panel Lawyer is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.
E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.
Certified copy/e-copy as per rules/directions.
(S.A.Dharmadhikari) Judge (and) ANAND SHRIVASTA VA 2020.07.22 17:50:31 +05'30'