Madhya Pradesh High Court
Anil Kumar Jain vs The State Of Madhya Pradesh on 25 February, 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 25th OF FEBRUARY, 2022
MISC. CRIMINAL CASE No. 5173 of 2022
Between:-
ANIL KUMAR JAIN S/O KAPOOR CHAND JAIN,
AGED ABOUT 36 YEARS, OCCUPATION: EX-
PRIVATE EMPLOYEE ISHANAGAR CHHATARPUR
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI MAYANK CHOUDHARY, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH P.S.
ISHANAGAR DIST. CHHATARPUR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI DEVENDRA SHUKLA, PANEL LAWYER)
This mcrc coming on for admission this day, the court passed the
following:
ORDER
Heard with the aid of case diary.
This is second bail application filed under Section 439 of Cr.P.C. Applicant Anil Kumar Jain was arrested on 08.07.2021 in connection with Crime No.102/2020 registered at Police Station Ishanagar, District Chhatarpur for the offence punishable under Sections 420, 406, 467, 468, 120-B of IPC and Section 76 of Chit Fund Act.
Earlier bail application of the applicant was dismissed on merits by this court vide order dated 21/10/2021 passed in MCrC no.38092/2021.
As per the prosecution case, the applicant and co-accused persons, who were the Director, Manager, Employees and Agents of Pincon Group of Company had collected huge amounts from innocent persons assuring them that they would get handsome returns after the stipulated period. However, they did not pay the money even after the maturity period. On the other hand, they closed down the Signature Not Verified SAN company office. Thus, they cheated innocent people. The specific allegation Digitally signed by MONIKA CHOURASIA Date: 2022.02.25 17:20:57 IST against the applicant is that the applicant was the Agent of the said company and 2 he induced the innocent investors to deposit the money with the company and also collected money from them.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. The offence was committed by co-
accused Manoranjan Rai, Chairman of the company. The applicant is merely the agent of the company. The amount collected by the applicant was deposited by him in the company's account. He further submitted that Kolkata High Court constituted a committee to return the money of innocent investors, so investors can take their money back from the company. The applicant has been in custody since 08.07.2021. Charge-sheet has been filed and the conclusion of the trial will take time. Hence, prayed for release of the applicant on bail.
Learned counsel for the State opposed the prayer and submitted that earlier bail application of the applicant was dismissed on merits by this court vide order dated 21/10/2021 passed in MCrC no.38092/2021, thereafter, there has been no change in circumstance. So, applicant should not be released on bail.
Earlier bail application of the applicant has been dismissed on merits by this Court vide order dated 21/10/2021 passed in MCrC no.38092/2021, thereafter there has been no change in circumstance, except the custody period.
Hon'ble Apex Court in the case of Rajesh Ranjan Yadav alias Pappu Yadav v. CBI Through its Director reported in (2007) 1 SCC 70 held that bail, can not be granted solely on the ground of long incarnation in jail and inability of accused to conduct the defence. Apex Court in the case of State of M.P. v. Kajad, (2001) 7 SCC 673 observed "It is true that successive bail applications are permissible under the changed circumstances. But without the change in the circumstances, the second application would be deemed to be seeking review of the earlier judgment which is not permissible under criminal law as has been held by this Court in Hari Singh Mann v. Harbhajan Singh Bajwa [(2001) 1 SCC 169 : 2001 SCC (Cri) 113] and various other judgments."
In the case diary statements of Shekh Ansar, Rajendra Gupta, Shekh Iqbal, Signature Not Verified Deepak Agarwal, Ganesh Ashati, Yasmeen Khan, Vaibhav Latoriya, Mahesh SAN Digitally signed by MONIKA CHOURASIA Agarwal, Imran Khan, Prashant Shivhare, Naresh Sen, Brajkishore Gupta, Babulal Date: 2022.02.25 17:20:57 IST Prajapati, Kapil Ashati, Rahul Kori, Ramswaroop Sen, Hardas Joshi, Kamlesh 3 Kori, Shekh Anwar, Rakesh Kushwaha, Ramprasad, Irfan Mansoori and Vandana Ashati, it is mentioned that applicant induced them to deposit money in the company and also collected money from them. So, looking to the allegations and the enormity of fraud, this Court is not inclined to grant bail to the applicant.
Hence, the second bail application of the applicant is dismissed.
(RAJEEV KUMAR DUBEY) JUDGE m/-
Signature Not Verified SAN Digitally signed by MONIKA CHOURASIA Date: 2022.02.25 17:20:57 IST