Rahul Mishra vs State Of M.P

Vivek Rusia, J

This is first bail application under Section 439, Cr.P.C. for grant of bail in connection with Crime No.12/2021, Police-Station- Rampura, District-

Neemuch for commission of the offence under Section 420 of the IPC and Sections 3(1), 3(4), 4 & 6(1) of the Nikshepakon Ke Hiton Ka Sanrakshan

Adhiniyam. The applicant is in custody since 21.01.2021.

As per prosecution case, the complainant has made an allegation that applicant and his wife took Rs.1,50,000/-from her by giving her an offer that it

would be doubled in a short period. They took the money for investment in some company. Neither investment was made nor the money has been

returned to her. She has also disclosed the name of other local residents who also gave money to the applicant. According to her when she tried to

contact them they ran away by closing their house.

Learned counsel for the applicant submits that except oral allegations nothing has been collected by the police. The applicant is in jail since 21.10.2021.

Investigation is complete and challan has been filed. He further submits that the investigating officer was not authorised by the Superintendent of

Police as required under Section 6(1) of the Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000 therefore, the entire investigation is faulty and

the applicant is entitled for bail. His wife has already been granted bail by the trial Court.

Learned panel lawyer for the respondent/State opposes the bail application.

I have perused the entire case diary and except oral allegations not a single document has been collected by the police in respect of giving of money

and the assurance given by the applicant for investment and running the company. Investigation is complete and the offence is triable by the

Magistrate. No custodial interrogation is required.

Considering the facts and circumstances, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant

is directed to be released on bail on his furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty thousand) with one solvent surety of the

like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain

present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Before releasing the applicant from the custody, the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-

19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.

Certified copy as per rules.