Madhya Pradesh High Court
Rahul Pratap Singh vs The State Of Madhya Pradesh on 23 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 23rd OF FEBRUARY, 2022
MISC. CRIMINAL CASE No. 8821 of 2022
Between:-
RAHUL PRATAP SINGH S/O SHRI VISHNU PRATAP
SINGH , AGED ABOUT 40 YEARS, OCCUPATION:
NIL R/O HOUSE NO. 1310, NEAR GOPAL HOTEL
LALMATI GHAMAPUR, DISTRICT JABALPUR (M.P.)
(MADHYA PRADESH)
....APPLICANT
(BY SHRI MANISH DATT, SENIOR ADVOCATE WITH SHRI PAWAN
GUJAR, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION GORAKPUR DISTRICT
JABALPUR M.P. (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SANJEEV SINGH, PANEL LAWYER )
This mcrc coming on for admission this day, the court passed the
following:
ORDER
Heard with the aid of a case diary.
This is the second application filed under Section 439 of the Cr.P.C. for grant of bail. Applicant Rahul Pratap Singh was arrested on 30/11/2021 in connection with Crime No.682/2021 registered at Police Station Gorakhpur, District Jabalpur for the offence punishable under Sections 465, 468, 420/34 of the IPC, Sections 21(1), 23 of Irregular Deposit Scheme Ban Act and Section 6(1) of Madhya Pradesh Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000.
The first bail application of the applicant has been dismissed on merits by this Court vide order dated 5/1/2022 passed in M.Cr.C.No.60144/2021.
As per prosecution case, on 19/11/2021, during area petrolling at around 7 pm sub-inspector, K.S. Dubey police station, Gorakhpur received secret information that some person were trying to cheat people in Choti Line Chowk by Signature Not Verified SAN luring them to invest money in the share market. At around 9:00 pm, Basant Kumar Digitally signed by VARSHA SINGH Date: 2022.02.24 12:48:31 IST came to the police station and informed him that some people were distributing 2 blue and yellow pamphlets near the vegetable market in Chhoti Line Chowk and they were promising to pay an interest of 5% per month on deposit of money in their office and that money will be invested in the stock market and commodity market. On that ASI Santosh Rai and constable Ratnesh Rai went to the spot and took Anuj Singh, Sachin Raj and Richest robot to the police station Gorakhpur. T he yellow and blue pamphlets were found with them. On interrogation they informed the police that they work as commission agents for RPS Group and they lured the people to deposit money with the Group on the pretext that investors would get an interest of 5% per month on the money deposited with the company. That money would be invested in the share market and commodity market. They did not open Demat accounts of investors and fraudulently took money from innocent people. On that Sub Inspector, Gorakhpur registered the Crime No.682/2021 for the offence punishable under Sections 420/34 of the IPC, Sections 21(1), 23 of Irregular Deposit Scheme Ban Act and Section 6(1) of Madhya Pradesh Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000 and investigated the matter. During investigation it was found that RPS Capital Company is run by RPS INDIAMART (OPC) PVT. LTD. Promoted by RPS INDIA GROUP and they took money from innocent people alluring them that their money would be invested in share market and commodity market in lieu of that they would give cheques to the investors, and that they are collecting money from people without any authority. It was also found that RPS Capital has no legal permission to collect the money from any person for investment still applicant Rahul Pratap Singh himself is collecting money from innocent people by issuing receipts and invested that amount in share market under his name through Zerodha Brokerage Company and it was also found that applicant Rahul Pratap Singh has collected Rs.73,50,000/- from the innocent investors. On that police arrested the applicant and co-accused persons.
Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. RPS Capital Signature Not Verified Company was registered under the Company Act and applicant has permission to SAN Digitally signed by VARSHA SINGH collect the money from investors. He collected money for investing it in the share Date: 2022.02.24 12:48:31 IST market for which the applicant is entitled. Nobody has lodged a report against the 3 applicant that he had cheated them or did not return the amount due to them, so no offence under Section 465, 420,409 of the IPC is made out against the applicant. Though earlier bail application of the applicant has been dismissed on merits by this Court vide order dated 5/1/2022 passed in M.Cr.C.No.60144/2021 thereafter charge sheet has been filed. The applicant has no criminal past. He has been in custody since 30/11/2021 and the conclusion of trial will take time, hence prayed for release of the applicant on bail.
Learned counsel for the respondent/State opposed the prayer and submitted that the earlier bail application of the applicant has been dismissed on merits by this Court vide order dated 5/1/2022 passed in M.Cr.C.No.60144/2021, thereafter there has been no change in circumstances, so the applicant should not be released on bail.
Though earlier bail application of the applicant has been dismissed on merits by this Court vide order dated 5/1/2022 passed in M.Cr.C.No.60144/2021 on the ground that investigation is going on, so this court is not inclined to grant bail to the applicant at this stage, thereafter charge-sheet has been filed. So, looking to the facts and circumstances of the case, contention of learned counsel for the applicant and the fact that the applicant has no criminal past, he is in custody since 30/11/2021 and conclusion of trial will take time, without commenting on merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the trial;Signature Not Verified SAN Digitally signed by VARSHA SINGH
Date: 2022.02.24 12:48:31 IST 3. The applicant will not indulge himself in extending inducement, threat or 4 promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without prior permission of the trial Court.
C.C. on payment of usual charges.
(RAJEEV KUMAR DUBEY) JUDGE VS Signature Not Verified SAN Digitally signed by VARSHA SINGH Date: 2022.02.24 12:48:31 IST