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2023 DIGILAW 438 (MP)

Swati Raghav Raghuvanshi v. State of Madhya Pradesh

2023-03-29

DINESH KUMAR PALIWAL

body2023
ORDER 1. This first bail application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail pending the trial. 2. The applicant has been arrested in connection with Crime No. 458/2022 of P.S.- Ayodhya Nagar District Bhopal (M.P.) for commission of offence under Sections 420, 406 and 409 of IPC. She is in detention since 05.12.2022. 3. As per the prosecution story, on 29.11.2022 Rahul Singh moved an application before police Ayodhya Nagar alleging that in May 2022 he had gone to meet his friends Sonu Yadav at Minal Residency. There he met Swati Raghav, Madhav Raghuwanshi and Umesh Rana. Swati told him that she is working as Branch Manager (Gold) in Bajaj Finserve Gold Loan Company. Company's business to give the loan after mortgaging the gold. It was informed that the persons who defaults in payment of loan amount within given period, their gold is auctioned by the Company at lower prices. Therefore, she advised him to invest in the gold through her. She also assured that she will get them available auctioned gold on lower prices. At her assurance, Shashank Chaturvedi, Rahul Gautam, Rohit Singh Jat, Rana Rajput, Surendra Rajak and Nitin invested an amount of almost Rs. 47,20,000/- by handing over the same to Swati Raghav but Swati Raghav Raghuwanshi has usurped their money and has not paid it back to the complainant and other persons concerned. Against the amount, cheques were issued by her to complainant and other investors but when these cheques were presented in the bank they stood dishonored. FIR was registered. After investigation, charge sheet has been filed for commission of offence under Sections 420, 406 and 409 of IPC. 4. Learned senior counsel appearing for applicant has submitted that applicant has not committed any offence. She is innocent. She has been falsely implicated. It is a case of money transaction between the parties. In this case, applicant could not return the money and assured sum to the complainants well within time due to which FIR has been lodged. Cheques were given to the complainants. If cheques have stood dishonoured complainants should have filed complaint under Section 138 of Negotiable Instruments Act. No offence of embezzlement, cheating or criminal breach of trust is made out. Cheques were given to the complainants. If cheques have stood dishonoured complainants should have filed complaint under Section 138 of Negotiable Instruments Act. No offence of embezzlement, cheating or criminal breach of trust is made out. Therefore, it has been prayed that applicant/accused who is a lady and is in detention for last four months be released on bail as trial of the case will take considerable time. 5. On the other hand, learned counsel for the State has opposed grant of bail to the applicant and has submitted that it is a case of cheating and embezzelement of money. Therefore, applicant be not released on bail. 6. In this case, after investigation, charge sheet has been filed. Trial of the case will take considerable time. Therefore, looking to the facts and circumstances of the case, but without expressing any opinion on the merits of the case, I am of the view that it is a case in which further pretrial detention of the applicant is not warranted. Consequently, this first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant stands allowed. 7. It is directed that applicant-Swati Raghav Raghuvanshi be released on bail on her furnishing a personal bond in the sum of Rs.5,00,000/- (Rupees five lakhs) with two local solvent sureties in the sum of Rs.2,50,000/-(Rupees two lakh fifty thousand) each to the satisfaction of the trial Court, for her regular appearance before the trial Court during trial with a condition that she shall remain present before the concerned Court on all the dates fixed by it during trial. She shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C. 8. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective. 9. Certified copy as per rules.