Babulal vs State Of M.P

This bail application under section 439 of CrPC is in connection with crime no.383/2017 under Sections 420, 467, 468, 34 of IPCÂ registered at Police

Station Khategaon, District Dewas (M.P.).

As per information given by the accused/applicant, this is the second bail application in connection with the present crime number.

It is submitted by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. There is no

evidence against him. Conclusion of trial is likely to take time. The applicant is permanent resident of Ahmedabad Gujarat. There is no possibility of

his absconding. He is ready to furnish adequate security.

It is the case of the prosecution that one Rajesh Kumar Jain filed FIR with the Police of Police Station Aagar Malwa alleging that in March, 2017

one middle man Ketan @ Chetan @ Ravi contacted him on mobile and instigated and induced him to supply wheat to several firms on a better price

than the price prevailing in the market to earn more profit. Relying on him he supplied wheat to these firms amounting to Rs. 2.63 Crores

approximately. Against this supply, he received Rs.1 Crore in his account of HDFC bank, while remaining Rs.1,63,33,126/- were not paid in the time

assured by them. When he contacted them they assured him to make payment within a day or two, but the payment was not made. When he tried to

contact them again, he found their mobiles were switched off. Then he visited Ratlam and tried to find out Hanuman Traders and came to know that

the Proprietor of Hanuman Traders never contacted him or asked him to supply the grains to the Firm named by Ketan. He further found that

fictitious firms were created by middle man Ketan in connivance with co-accused persons including the present applicant Sandeep Chauhan. It was

also found that Sandeep Chauhan personated himself as Amit Patel pretending that he is the owner of the Enterprises. The complainant further

enquired about the firm to whom he supplied the wheat and found that all were fictitious firms. During enquiry, he came to know that it was the

present applicant Sandeep Chauhan who personated himself as Amit Patel and Ketan and instigated him to supply grains to several firms. In this way

Sandeep Chauhan cheated him. He filed written complaint with the police who in turn registered crime no.383/2017 and arrested the accused.

It is the contention of the applicant that he is proprietor of firm in the name of Chamunda enterprises and deals with the Iron Steel and TMT Bar

Rods. He has separate registration from the concerned authorities like Municipal Corporation, Commercial Tax Department etc. He has his own

Aadhar card and all relevant documents. He has never personated any Amit Patel. He never deals with sale and purchase of grains. He has never

instigated, induced or incited the complainant to supply grains to any of the firms as alleged by the complainant. He has nothing to do with the present

transactions between the complainant and other alleged persons. The accused is in custody from 21.10.2017. Investigation is over and charge sheet

has been filed. No purpose would be achieved by keeping him in custody.

It is further contended that the applicant wasimplicated in several other crimes like Crime Nos.740,742,744 of 2017 of Police Station Khategaon in

which he has already been granted bail vide order darted 29.11.2017, 24.11.2017, 29.11.2017 passed in M.Cr.C.Nos.23662/2017, 23456/2017 and

23636/2017 and Crime No.383/2017 by Sessions Court itself vide order dated 14.09.2017. The evidence and the allegations in all these cases are

almost similar therefore, he be granted bail in this case also.

He further contends that this is usual practice of business of the applicant that he used to purchase grains and after receiving of the good makes

payment for that. Prior to the incident, he procured grain worth Rs. 10 lacs from Shri Sajanand Trading Company. and made payment in account

No.CBCA/01/000031. He demonstrated a copy of statement of account showing such payments in favour of Shri Sajanand Trading Company. He

drew my attention towards entry dated 02/05/2017 of this statement showing payment of Rs.2 lacs to Jai Ambe Corporation of which Shri Sandeep

Chouhan is proprietor and submits that even after the date of incident, the petitioner has made payment towards purchase of grain. Therefore, he may

be granted bail.

Per Contra, learned Public Prosecutor and learnedcounsel for the Objector have submitted that the first application filed by the applicant was

withdrawn after arguing at length vide order dated 31.01.2018 passed in M.Cr.C.No.25945/2017 by Co-ordinate Bench of this Court. It is further

submitted that in all 22 cases of similar nature have been registered against the present applicant. Earlier he was granted bail in M.Cr.C.No.2595/2018

vide order 29.01.2018 even thereafter he is continuously committing the similar type of offences. Many cases have been registered against him after

releasing on bail. In this way he has dishonoured the conditions of earlier bail granted to him. It is also submitted that the modus operandi of the

applicant is that he creates several firms and procured grains by instigating several traders in the country and do not make payments.

In view of the aforesaid and other facts and circumstances of the case, keeping in view that nothing is recovered in this case from the present

applicant and he has been granted bail in similar type of cases by Coordinate Benches of this Court and the evidence collected during investigation to

show complicity of the applicant, I deem it proper to release the accused on bail. Therefore, without commenting on merits of the case, the application

is allowed.

It is directed that the applicant-Babulal be released from custody on his furnishing a personal bond in the sum of Rs. 5,00,000/-(Rupees Five Lac

only) with two solvent sureties of Rs.2.5 lacs each (out of which one shall be local surety), to the satisfaction of the Trial Court for his appearance

before the Trial Court as and when required further subject to the following conditions:Â Â Â

(i) The applicant shall co-operate in the trial and shall attend the trial Court during the trial;

(ii) The applicant shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade them

from disclosing such facts of the Court;

(iii) The applicant shall not commit any offence or involve in any criminal activities;

(iv) In case, involvement in any other criminal activity is found, the bail granted in this case may also be cancelled.

C.C.as per rules.