Madhya Pradesh High Court
Ramkripal Dwivedi vs Manoj Valmiki on 27 June, 2020
Author: Atul Sreedharan
Bench: Atul Sreedharan
1 MCRC-14525-2020
The High Court Of Madhya Pradesh
MCRC-14525-2020
(RAMKRIPAL DWIVEDI Vs MANOJ VALMIKI)
2
Jabalpur, Dated : 27-06-2020
(Through Video Conferencing)
Mr. Manish Datt, learned senior counsel with Mr. Amit Khatri, counsel
for the applicant.
Mr. Utkarsh Agrawal, learned Panel Lawyer for the respondent/State.
Mr. Neeraj Jain, learned counsel for the Objector.
The applicant is in judicial custody since 23.03.2020 in connection with Crime No.RCT 1135/2019 for offences U/s.406, 409, 420 of the I.P.C. pending in the Court of IInd Additional Sessions Judge, Sagar.
The allegation against the applicant is that he is an employer and that he had employed the complainant and 9 other persons for the house-keeping job. The further allegation pertains to non-payment of the salary by the applicant to the employees. Prima-facie, the allegation in the complaint case discloses about civil dispute, rather than a criminal liability, as the dispute relates to the non-payment of the salary by the applicant to his employees.
Learned counsel for the applicant however submits that the salary has been paid by the applicant herein to the employees, but however, the same has not been paid as per the Collector Guidelines, is what the allegations is in the complaint case.
Learned counsel for the Objector while opposing the application bail has stated that looking at the large number of people being de-frauded by the applicant, bail ought not be granted.
However, looking at the facts and circumstances of the case and if the allegations against the applicant is accepted in to-to, then prima-facie, the same relates to a civil dispute, rather than a criminal offence. In view of what has been stated hereinabove, the application is allowed and it is directed that Signature Not Verified SAN the applicant shall be enlarged on bail upon his furnishing a personal bond in Digitally signed by ASHISH DATTA Date: 2020.06.27 16:41:20 IST 2 MCRC-14525-2020 the sum of Rs.50,000/- (Rupees Fifty Thousand only) with on solvent surety in the like amount to the satisfaction of the Trial Court.
The Jail authorities shall have the applicant checked by the jail doctor to ensure that he is not suffering from the Corona-virus and if he is, he shall be sent to the nearest hospital designated by the State for treatment. If not, he shall be transported to his place of residence by the Jail authorities.
Certified copy as per rules.
(ATUL SREEDHARAN) JUDGE a