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Madhya Pradesh High Court · body

2020 DIGILAW 1037 (MP)

Hemraj Singh Mewada v. State Of M. P.

2020-10-07

NANDITA DUBEY

body2020
JUDGMENT Nandita Dubey, J. - This is the first bail application filed by the applicants under Section 438 of Cr.P.C. for grant of anticipatory bail. 2. The applicants apprehends their arrest in connection with Crime No. 465/2020 registered at P.S.Ashta, DistrictSehore for the offence punishable under Sections 420 and 506 of the IPC. 3. As per the prosecution, a complaint was filed by the complainant Banesingh on 22.07.2020 in the PS-Ashta alleging that on the instigation of the present applicants, complainant had invested money amounting to Rs.7,00,000/- in the year 2012 in Guru Sai Real Estate and Alloyed Ltd. on the assurance that the same would be doubled in five years, but till date the amount has not been returned by the applicants. 4. Learned counsel for the applicants submits that the applicants have been falsely implicated. In fact, the present complainant has also filed a complaint earlier in the year 2018 and an investigation was conducted during which it was found that there is no substance in the allegations made by the petitioner and a closure report was filed by the SDOP,Ashta, District-Sehore on 10.07.2018. Learned counsel further submits that applicants themselves are the victim of the said Chit Fund Company as they had also invested the amount in it. He has invited the attention of this Court to the documents filed along with IA No. 9211/2020 and Document No. 12872/2020. It is further stated that when applicants invested the amount, they were also given a certificate by the aforesaid Chit Fund Company and similar document was given to the complainant also. The applicants have also filed a complaint against the said Company as the amount invested by the applicants has also been lost as the Company has been closed and directors are absconding. Lastly, it is submitted that applicants are ready to cooperate in the investigation and trial. They may be released on anticipatory bail. 5. Learned counsel for the objector as well as State have vehemently opposed the bail application. 6. Shri Mishra, learned counsel for the objector submits that the amount has been given to the present applicants to invest and they failed to return the same. However, he does not dispute that similar complaint was filed by him in the year 2018 and a closure report was filed by the SDOP, Ashta, after enquiry. 7. 6. Shri Mishra, learned counsel for the objector submits that the amount has been given to the present applicants to invest and they failed to return the same. However, he does not dispute that similar complaint was filed by him in the year 2018 and a closure report was filed by the SDOP, Ashta, after enquiry. 7. On due consideration of the case diary statements and material placed on record, prima facie it appears that the applicants are also victim of the aforesaid Chit Fund Company. The complainant, though at their instance, has deposited the amount in the said Company, but it cannot be said that the present applicants are the Directors or Beneficiaries of the said Company and have misappropriated the funds invested by the complainant. 8. Considering the aforesaid, without expressing any view on the merits of the case, this application is allowed. 9. It is directed that in the event of arrest, applicants Hemraj Singh Mewada and Morsingh Mewada shall be released on bail on their each furnishing a personal bond in a sum of Rs. 50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of arresting officer. 10. This order will remain operative subject to compliance of the following conditions by the applicants:- 1. The applicants will comply with all the terms and conditions of the bond executed by him; 2. The applicants will cooperate in the investigation/trial, as the case may be; 3. The applicants will not indulge themselves in extending 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 the Police Officer, as the case may be; 4. The applicants will not seek unnecessary adjournments during trial; 5. The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and 6. If the applicants commit any offence while being on anticipatory bail, then this order shall automatically stand cancelled without reference to the Court." 11. A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Mr. Kamlesh Dwivedi, learned Panel Lawyer, on their respective email addresses, for intimation to the police station concerned. 12. Certified copy/e-copy as per rules/directions.