Madhya Pradesh High Court
Arjit Varma vs The State Of Madhya Pradesh on 4 July, 2023
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 4 th OF JULY, 2023
MISC. CRIMINAL CASE No. 23632 of 2023
BETWEEN:-
ARJIT VARMA S/O SHRI DR. DILIP VARMA, AGED
ABOUT 30 YEARS, R/O SAMDHADIYA CITY, MADHAV
NAGAR, KATNI, DISTRICT KATNI (M.P.) (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI MANISH DATT - SENIOR ADVOCATE WITH SHRI PRASHANT K.
BADARYA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION KOTWALI DISTRICT - KATNI(M.P.) (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI SHIV K. SHRIVASTAVA - GOVT. ADVOCATE &
SHRI RAMAKANT AWASTHI - ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is first application filed by applicant under Section 439 of the Code of Criminal Procedure for grant of bail relating to FIR No.351/2023 registered at Police Station-Kotwali, District-Katni (MP) for the offence under Sections 420, 467, 468, 471 of the Indian Panel Code.
3. Learned Senior Counsel appearing for applicant submitted that as per prosecution story, applicant is said to have entered into an agreement with complainants namely Rupesh, Satyam Sharma, Siddharth Khard, Arun Signature Not Verified Signed by: NEETI TIWARI Signing time: 05-07-2023 14:34:34 2 Kushwaha & Aditya Gangrade on showing them letter issued by Department of Health, in which, certain contract has been given to him. He represented to said persons that he requires some money to complete the contract and he will return the amount with good profits to them. Being convinced on misrepresentation, complainants are said to have given loan to applicant. It is submitted that lateron according to prosecution story, applicant is said to have forged the letter of Department of Health to show the contract. Learned Sr. Counsel appearing for applicant submitted that in agreement, which has been entered into between applicant and complainants, no facts regarding contract of government have been mentioned. As an afterthought and to make out a false case against the applicant under Sections 420, 467, 468 & 471 of IPC, it has been mentioned that applicant has shown contract with the government. Transaction between applicant and complainants was only loan transaction involving no criminal mens rea on part of applicant. In these circumstances, Senior counsel for applicant prays for grant of bail to the applicant.
4. Government Advocate appearing for State as well as Counsel appearing for Objector opposed the bail application. It is submitted that though contract is not mentioned in agreement of loan but infact complainant got convinced after seeing the contract. As per the case diary, said contract letter dated 28.11.2021 was forged by applicant to obtain loan on the basis of forged document. The offence committed by applicant is serious in nature and same is committed with number of persons. In these circumstances, benefit of bail may not be extended to applicant and bail application may be dismissed.
5. During course of arguments, learned Senior Court appearing for applicant submitted that loan amount was to be returned to complainants on Signature Not Verified Signed by: NEETI TIWARI Signing time: 05-07-2023 14:34:34 3 30.05.2023 but as applicant was having more profits, therefore, to create pressure on applicant, false report has been lodged against him. It is submitted that complainants are also having bad reputation in the market for earning wrongful gains in dubious transactions. Learned Sr. Counsel further submitted that if prosecution story is taken to it's face value, then the amount defalcated comes to Rs.94,00,000/-. Applicant is ready to return the said amount if certain time is given to applicant.
6. Heard the counsel for the parties.
7. Applicant is ready to deposit defalcated amount before concerned CJM.
8. Considering the aforesaid facts and circumstances of the case and also considering the proposal of applicant, bail application stands allowed on conditions:
(i) Applicant will deposit an amount of Rs.94,00,000/- (Rupees Ninety Four Lacs) before Court of CJM Katni after a period of three months i.e. on 03.10.2023;
(ii) If applicant does not deposit said amount before concerned CJM on said date, then the bail granted to him shall automatically shall cancelled and trial Court/CJM may issue arrest warrant to applicant and commit him to custody.
(iii) Amount which will be deposited by the applicant shall be kept in FDR and same will be subject to final judgment passed by the trial Court.
9. It is directed that the applicant shall be released on bail on furnishing personal bond of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety in the like amount to the satisfaction of the trial court.
10. In addition to aforesaid condition, the applicant shall abide by the Signature Not Verified Signed by: NEETI TIWARI Signing time: 05-07-2023 14:34:34 4 conditions enumerated under Section 437(3) of Cr.P.C.
C.C as per rules.
(VISHAL DHAGAT) JUDGE nd Signature Not Verified Signed by: NEETI TIWARI Signing time: 05-07-2023 14:34:34