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2022 DIGILAW 686 (MP)

Ashish @ Kalla Jain v. State of Madhya Pradesh

2022-04-27

DEEPAK KUMAR AGARWAL

body2022
JUDGMENT Deepak Kumar agarwal, J. - This is the First bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. The applicant is in custody since 8.1.2022 in connection with Crime No.1/2022 by Police Station Kotwali, District Gwalior (MP) for the offence punishable under Sections 420, 467, 468, 34, 109, 120-B, 409, 471 of IPC, Section 4a of the Public Gambling act and Sections 66 C, 66 D of the Information Technology (amended) act, 2008. Prosecution story, in short, is that on 01/01/2022, the complainant- Dilip Panjwani, who is the resident of H-13 Madhav Nagar, Gwalior lodged a written complaint alleging that he and other aggrieved persons are respected businessmen who were indulged in money lending through promissory notes/hundis and this work was being done through broker who was called broker/dalal of hundi business run by ashish Gupta and his father- Natthulal Gupta. On 29/12/2021, all the complainants came to know that the co-accused-ashish Gupta fled away from Dal Bazar market, then they matched hundis and came to know that these hundis are fake which were forged by the co-accused- ashish Gupta preparing promissory notes and affixing forged seals of many firms and took money from all the complainants i.e. Dilip Panjwani (Rs.25,00,000), Mrs. Myarani (Rs.50,00,000/-), Preeti Jaiswani (Rs.5,00,000/-), Manish Goyal (Rs.5,00,000/-), Deepak Bansal (Rs.5,00,000/-), Smt. Sampat Devi Garg (Rs.10,00,000/-) & Kanahiyalal Mittal (Rs.5,00,000/-). By taking such huge amount of Rs.60-70 Crores from the complainants on the false pretext of doubling the said amount, ashish Gupta fled away. Wife of ashish Gupta and his accountant- Ganesh used to prepare fake promissory notes/hundis. On the basis of aforesaid, crime has been registered bearing Crime No.01/2022 at Police Station- Kotwali, District - Gwalior (M.P.) against the applicant and co-accused persons under Sections 420, 467, 468 & 34 of the IPC. Matter was investigated by 18 police officers. During investigation, statements of Dilip Panjwani, Preeti Jaiswani, Smt. Mayarani, Smt. Sampat Devi Garg, Deepak Bansal, Yogesh Bansal, Kanhaiyalal Mittal, Jagdish Lal Sahani, Madhav agrawal, Rajeev Gupta, Rakesh Gupta, Pawan Jain, Bishan Kumar agrawal, Vinod Kumar Goyal, Kishore Kumar Goyal & other persons were recorded. Hundis were seized. Co-accused persons namely- ashish Gupta & ashu, Ganesh Kushwaha, ashish Jain (present applicant), Dilip Sindhi & Natthulal Gupta were arrested on 04/01/2022, 08/01/2022, 08/01/2022, 12/01/2022 & 28/02/2022 respectively. Hundis were seized. Co-accused persons namely- ashish Gupta & ashu, Ganesh Kushwaha, ashish Jain (present applicant), Dilip Sindhi & Natthulal Gupta were arrested on 04/01/2022, 08/01/2022, 08/01/2022, 12/01/2022 & 28/02/2022 respectively. after investigation charge- sheet was filed under Sections 420, 467, 468 & 34 of IPC and further added section 120-B, 109 and 201 of IPC, Section 4a of the Public Gambling act and Section 66 (C) & (D) of Information Technology act. as per charge-sheet, complainants/businessmen were involved in investing the money through hundis by co-accused- ashish Gupta and his father- Natthulal by giving false promissory notes but according to promissory notes, he did not return the money to the complainants. Besides this, he invested the said amount in gambling through Dilip Sindhi resident of Bhopal (M.P.). Present applicant has been made an accused on the basis of memorandum of co-accused ashish @ ashu son of Natthulal that he was playing cricket Satta with ashish Jain and he gave Rs.8 to 10 crores to ashish Jain. Beside that, there is no evidence against him. Learned counsel for the applicant submits that applicant has been falsely implicated in the case. He is in custody since 8.1.2022. Investigation has been complete and charge-sheet has been filed. It is further submitted that co-accused Dilip Sindhi has been released on bail by this Court vide order dated 22.4.2022 passed in M.Cr.C.No.16038/2022 and the case of present applicant is identical to that of co-accused. He undertakes to cooperate in trial. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail. Learned counsel for the State as well as complainant opposed the prayer and prayed for dismissal of the application. Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes bail bond of Rs.5,00,000/- (Rupees Five Lac only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail. He will present during trial before the trial Court on each and every date. Application stands allowed and disposed of. Certified copy as per rules.