S. L. KOCHAR, J. ( 1 ) THIS is an application for grant of bail under Section 438 Cr. P. C. ( 2 ) APPLICANT apprehends his arrest in connection with crime No. 69/03 registered at Police Station, Tukoganj, Indore for the offence punishable under Section 420 IPC. Sections 2 (C), 3, 4 and 5 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 and Sections 3 and 5 of Drugs and Magic Remedies (Objectionable Advertisement) Banning Act, 1954. ( 3 ) ACCORDING to the prosecution case, complainant Awn Agrawal and witness Priyamvada w/o Sandeep Kathed approached the applicant and other coaccused for purchasing mattress, pillow and quilt (total sleeping system) manufactured by Japan Life Company Japan. The marketing of the aforesaid items is being done in India by M/s. Frontier Trading Company at Bombay. The applicant assured the complainant and witness that after purchasing and using total sleeping system, they will get relief from their physical problems viz, pain in scapular region, spondylitis etc. They were also assured by the applicant and other coaccused persons that they had also purchased some sleeping system and got sufficient relief from their diseases and physical problems. One set of Sleeping System costs Rs. 85,000/ -. It is further, alleged that applicant and other coaccused persons have also disclosed before them that if they would make members for purchasing the aforesaid system, they would get 1o% commission and if they go on making members, their percentage would be increased upto 13% more. On this dis fil ://d :\program Files\crimes\database\aa\aa\ 2003 (2) Crimes 94 . htm 8/5/2006 closure by the applicant, complainant Arun Agrawal and witness Priyamvada purchased the sleeping system and after using the same they got no relief in their disease and physical problems. As such they consulted their doctors and they were advised by the doctors not use such type of sleeping bed. According to complainant Arun Agrawal, he was suffering from continuous pain at his neck and waist. He got no relief by using the aforesaid sleeping system. According to Priyamvada, after using the sleeping system, the problems remained as it is and on the contrary there was aggravation in her physical problems. Therefore, she got treated in Bafna Hospital. According to complainant Arun Agrawal, he was suffering from continuous pain at his neck and waist. He got no relief by using the aforesaid sleeping system. According to Priyamvada, after using the sleeping system, the problems remained as it is and on the contrary there was aggravation in her physical problems. Therefore, she got treated in Bafna Hospital. The witnesses have complained that only to get rid of their problems they purchased the aforesaid sleeping system but they got no relief and instead it created some more problems. Therefore, by selling the aforesaid sleeping system to the complainant and witness, the applicant and coaccused persons cheated and put them to great financial, mental and physical loss. ( 4 ) THE contention of the counsel for the applicant is that the applicant is a retired Colonel. He had undergone Bi pass surgery and also suffering from irregular blood circulation. For this purpose, he himself had purchased the aforesaid Japan Life Sleeping System and got the relief after using the same. He had never approached the complainant and witness and not made any such statement or problems regarding the sleeping system for their purchase. The applicant has denied complete allegation levelled by the witnesses by his specific name. The applicant has filed invoices regarding purchase of sleeping system in the name of his firm H. P. Associates. The applicant has also filed affidavit along with these documents showing purchase of the sleeping system from Frontier Trading Company. According to him, the applicant is innocent and has been falsely implicated in the case. The documents filed along with the list of annexures, are taken on record. The documents consist of an affidavit, invoice, receipt and delivery challan regarding purchase of sleeping system. Learned counsel also submitted that even if complete prosecution case is accepted, the complainant has remedy before the Consumer Forum and no criminal case is made out against him. ( 5 ) ON the other hand, contention of the learned Dy. Advocate General, Mr. Girish Desai as well as counsel appearing for complainant, the applicant is dealing in selling of sleeping system whereas counsel for the applicant submits that the applicant and other coaccused persons are working as Sale Agent of M/s. Frontier Trading Company. ( 6 ) MR. Girish Desai, Dy. Advocate General, Mr. Girish Desai as well as counsel appearing for complainant, the applicant is dealing in selling of sleeping system whereas counsel for the applicant submits that the applicant and other coaccused persons are working as Sale Agent of M/s. Frontier Trading Company. ( 6 ) MR. Girish Desai, Dy. Advocate General has invited attention of this Court at Annexure E filed by the applicant at page No. 52 under caption Advertising item No. 3 in which it is clearly mentioned that no independent representative may make any claim that Japan Life India products are useful in the treatment or cure of any disease or disorder. Such statements can be perceived as medical claims and as such violate Japan Life. India Policy. Violation of this clause, will result in immediate termination of the said independent Representative. Inspite of this positive instruction by the Japan Life Company, the applicant has made promises and assurances as well as induced the complainant and witness to purchase Japan Life Sleeping System which has not given any benefit to them but put to physical mental and financial loss to them. There are some more persons who had purchased the sleeping system and got no relief. As such the applicant and other coaccused persons have committed an offence of cheating with the complainant and witness. It is also vehemently submitted by Mr. Girish Desai, Dy. AG that the applicant and other coaccused persons are not making themselves available for interrogation and because of which investigation is not in progress. The office of M/s. Frontier Trading Company has been sealed from out side as a precautionary measure because there is possibility of availability of documents viz. Constitution of the Company, Names of their Board of Directors and norms of the way of working of the Company etc. but since the applicant and other accused persons are not available for interrogation, the police is not able to investigate the matter in its proper perspective, for this purpose their custodial interrogation is essential. Otherwise, the matter cannot be investigated properly, effectively and freely. ( 7 ) HAVING heard learned counsel for the parties and after perusing the entire record, this Court is of the opinion that the applicant deserves to be enlarged on anticipatory bail. Otherwise, the matter cannot be investigated properly, effectively and freely. ( 7 ) HAVING heard learned counsel for the parties and after perusing the entire record, this Court is of the opinion that the applicant deserves to be enlarged on anticipatory bail. Accordingly the application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid crime, applicant is ordered to be released on bail on his furnishing a personal bond of Rs. 1,00,000/- (Rupees one lac only) with one surety in the like amount to the satisfaction of the arresting officer and complying with the following conditions1. That the applicant shall supply complete relevant documents of his Company, which he himself has disclosed by filing the documents i. e. , M/s. H. P. Associates regarding the dealings of the company and asto whether it is having Sales Tax liability, whether it is filing Income Tax return, whether it is proprietary Firm, Partnership Firm, Private Firm or Public Company. 2. The applicant shall positively supply the relevant documents asto how M/s H. P. Associates is having nexus with M/s. Frontier Trading Company, whose office is also situated in Indore and at present is sealed by the Police. 3. The applicant shall make himself available for interrogation by a police officer as and when required. 4. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. 5. The applicant shall not leave India without previous permission of the Court. 6. The applicant is directed to appear before the Investigating Agencies of Police Station, Tukoganj, Indore on 31st March, 2003 at 11. 00 a. m. On infringement of any of the aforesaid conditions by the applicant, the applicant will face consequences of cancellation of this bail order. It is made clear that the applicant shall apply for regular bail after filing of the chargesheet. Certified copy be given on usual charges. Application allowed. .