Madhya Pradesh High Court
Raghuveer Yadav vs The State Of Madhya Pradesh on 1 September, 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 1st OF SEPTEMBER, 2022
MISC. CRIMINAL CASE No. 39620 of 2022
Between:-
RAGHUVEER YADAV S/O SHRI PHOOL SINGH
YADAV, AGED ABOUT 28 YEARS, OCCUPATION:
PRIVATE JOB R/O ISHA NAGAR POLICE
STATION ISHA NAGAR DISTRICT CHHATARPUR
(M.P.) (MADHYA PRADESH)
.....APPLICANT
( SHRI RAJENDRA SHRIVASTAVA, LEARNED COUNSEL FOR THE
APPLICANT )
AND
THE STATE OF MADHYA PRADESH THROUGH
ITS POLICE STATION ISHA NAGAR DISTRICT
CHHATARPUR (M.P.) (MADHYA PRADESH)
.....RESPONDENT
( SHRI AKHILENDRA SINGH, LEARNED G.A. FOR THE
RESPONDENT / STATE )
This application coming on for admission this day, the court passed the
following:
ORDER
Heard with the aid of case diary.
This is third bail application filed by the applicant Raghuveer Yadav under Section 438 of the Cr.P.C. for grant of anticipatory bail. The applicant apprehends his arrest in connection with Crime No.102/2020, registered at P.S. Ishanagar, Distt. Chhatarpur (M.P.) for the offence punishable under Sections 420, 406, 467, 468 and 120-B of IPC and Section 76 of the Chit fund Act,1982.
Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 9/1/2022 4:51:50 PM 2The earlier bail applications of the applicant have been dismissed on merits vide order dated 02.08.2021 and 29.04.2022 passed in M.Cr.C. No. 14713/2021 and M.Cr.C. No. 20222/2022 respectively.
As per prosecution case, the applicant and co-accused person, who were the Chairman and Agents of Pincon Group of Company collected huge amount from innocent persons assuring them to double their money within a stipulated period. However, they did not pay the money even after the maturity periods. On the other hand, they closed down the company Office and embezzled the huge amount of innocent people. Thus, they cheated innocent people. The specific allegation against the applicant is the agent of the company and he induced the complainant/other innocent people to deposit the money with the company.
Learned counsel for the applicant submits that applicant has not committed any offence and have falsely been implicated in the offence. Though earlier bail applications of the applicant have been dismissed on merits but thereafter applicant returned the amount of investor Rakesh Kushwaha and he gave an affidavit in favour of applicant. Applicant has no criminal past. He is ready to cooperate in the investigation and trial. In the event of arrest, his reputation will be ruined. Under these circumstances, applicant prays for anticipatory bail.
Learned counsel for the State opposed the prayer and submitted that the applicant and other accused person played fraud upon innocent investors and deprived them of their hard earned money. The applicant is the agent of the company. The offence under Section 6 of the M.P. Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000 is also made out against the applicant. According Signature Not Verified to Section 14 of the M.P. Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, Signed by: NAVEEN KUMAR SARATHE Signing time: 9/1/2022 4:51:50 PM 3 2000, anticipatory bail is barred. So applicant should not be released on anticipatory bail.
Earlier bail applications of the applicant have been dismissed on merits vide order dated 02.08.2021 and 29.04.2022 passed in M.Cr.C. No. 14713/2021 and M.Cr.C. No. 20222/2022 respectively thereafter there has been no change in circumstance. It is alleged that the applicant who is the agent of the company in connivance with the other co-accused induced innocent persons to double their money within a stipulated period and embezzled the huge amount of the innocent people.
So looking to the facts and circumstances of the case and the provisions of Section 14 of the M.P. Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000, this Court is not inclined to grant anticipatory bail to the applicant.
Hence, the application is rejected.
(RAJEEV KUMAR DUBEY) JUDGE sarathe Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 9/1/2022 4:51:50 PM