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2020 DIGILAW 903 (MP)

Anupam Singh Chandel v. State Of Madhya Pradesh

2020-09-14

RAJEEV KUMAR DUBEY

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JUDGMENT Rajeev Kumar Dubey, J. - The proceeding was convened through video conferencing. 2. Heard with the aid of case diary. 3. This is first bail application filed by the applicant Anupam Singh Chandel under Section 438 of CrPC for grant of anticipatory bail. 4. The applicant apprehends his arrest in connection with Crime No.176/2020, registered at P.S. Kotwali Anuppur, District Anuppur under Sections 420, 467, 468, 471, 120 (B) of IPC and u/s 6 of Madhya Pradesh Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000. 5. According to the prosecution, the applicant and co-accused persons, who w e r e the Managing Director, Branch Manager, Directors, Regional Manager of KIM Infrastructure & Developers Ltd. through their employee/agent collected money from innocent persons assuring them to double their money within six years. However, they did not pay the money even after the maturity periods. Thus, they cheated innocent people. The specific allegation against the applicant is that applicant was the Branch Manager of KIM Infrastructure & Developers Ltd. and involved in the crime with the other co-accused. 6. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. It is further submitted that there is no evidence on record to show that applicant collected money from any person or induced any person to deposit the amount in the company. Applicant has no criminal past and he is ready to cooperate in the investigation and trial. In the event of arrest, his reputation will be ruined. Under these circumstances, applicant prays for bail. 7. Learned counsel for the State opposed the prayer the prayer and submitted that the applicant and co-accused persons played fraud upon innocent investors and deprived them of their hard-earned money. The applicant is an office-bearer of the company. The offence under Section 6 of the M.P. Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000 is also made out against the applicant. According to Section 14 of the M.P. Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000, anticipatory bail is barred. So he should not be released on anticipatory bail. 8. So looking to the facts and circumstances of the case, the allegations against the applicant and the provisions of Section 14 of the M.P. Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000, this Court is not inclined to grant anticipatory bail to the applicant. 9. Hence, the bail application is rejected.