Mukesh Nawange vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

Heard with the aid of case diary.

This is the second application under Section 439 of the Cr.P.C. for grant o f bail. Applicant Mukesh Nawange was arrested on 13/01/2021 in connection with Crime No.1097/2020 registered at Police Station Multai, District Betul for the offence punishable under Sections 420, 506, 409, 120B, 34 of IPC.

The earlier bail application filed by the applicant was dismissed on merit by this Court vide order dated 04/10/2021 passed in M.Cr.C.No.19453/2021.

As per the prosecution case, the applicant and co-accused persons, who Date: 2022.07.22 16:28:50 IST were the Director, Manager, Employees and Agents of AGM Company Nagpur and Janseva mutual benefit Nidhi Limited had collected huge amounts from innocent persons assuring them that they would get handsome returns after the stipulated period. However, they did not pay the money even after the maturity period. On the other hand, they closed down the company office. Thus they cheated innocent people and embezzled the amount to the tune of Rs. 16910000/-. The specific allegation against the applicant is that the applicant was the campaigner / motivational speaker of the said company and he induced the innocent investors to deposit the money with the company.

Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the offence. There is no allegation against the applicant that the applicant collected money from any investor. So no offence is made out against the applicant. The name of the applicant is not mentioned in the FIR. Though, earlier bail application filed by the applicant was dismissed on merit, thereafter statement of prosecution witnesses Vijay (PW-1), Bhaiyalal (PW-2), Gajendra (PW-3), Sapan (PW-4) and Hemant Soni (PW-6) have been recorded by the trial Court. They did not support the prosecution story regarding involvement of the applicant in the crime. Though, Akhilesh Pawar (PW-5) in his examination-in-chief deposed against the applicant but he clearly admitted in his cross-examination that Ashok Farkhade induced him to deposit money with the company. The applicant has been in custody since 13/01/2021 and the conclusion of the trial will take time. Hence prayed for the release of the applicant on bail.

Learned counsel for the State opposed the prayer and submitted that the earlier bail application filed by the applicant was dismissed on merit, thereafter there is no change in circumstance. The applicant and other accused person played fraud upon innocent investors and deprived them of their hard-earned money. Sufficient evidence is available on record to connect the applicant with the offence in question. So he should not be released on bail.

Though, earlier bail application filed by the applicant was dismissed on merit by this Court vide order dated 08/11/2021 passed in M.Cr.C.No.45264/2021 but the applicant is in custody since 13/01/2021, while trial is still pending. There is no allegation against the applicant that he took money from any investor. So, looking to the facts and circumstances of the case, contention of learned counsel for the applicant and the custody period of the applicant, without commenting on merits of the case the application is allowed and it is directed that the applicant be released on bail upon her furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M./trial Court for her appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by her;

The applicant will cooperate in the trial;

The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any offence similar to the offence of which she is accused;

The applicant will not seek unnecessary adjournments during the trial;

and

The applicant will not leave India without prior permission of the trial Court.

C.C. as per rules.