Rajendra Singh vs State Of M.P

Satyendra Kumar Singh, J

Learned counsel for applicants submits that applicant no.2 Raja has been arrested and application for grant of anticipatory bail has become infructuous, therefore, she seeks permission to withdraw this petition with regard to applicant no.2 Raja.

Prayer is allowed.

Accordingly, petition with regard to applicant no.2 Raja is dismissed as withdrawn.

Heard on I.A.No.29087/2021 which is an application for taking additional documents on record.

Learned counsel for applicant no.1 Jitendra and applicant no.3 Nilesh, requested to take the aforesaid documents on record which are offer letters issued by the Easy-Secure Pvt. Ltd company with regard to applicants.

Learned counsel for the respondent State submits that it has been verified that applicants are employees of "Easy Secure Pvt. Ltd Company" and the aforesaid offer letters issued in favour of them are true.

In the aforesaid circumstances and after due consideration, I.A.No.29087/2021 is allowed.

The additional documents are taken on record.

Heard on petition with regard to applicants no.1 Jitendra and applicant no.3 Nilesh.

This is the first application filed under section 438 of the Cr.P. C. for grant of anticipatory bail to the applicant no.1 Jitendra and applicant no.3 Nilesh, who are apprehending their arrest in connection with Crime No.1003/2021 registered at Police Station Lasudiya District Indore for commission of offences punishable under Sections 420,409, 120(B) and 506 of IPC.

Prosecution story, in brief, is that applicants along with owner of "Easy Secure Pvt. Ltd Company" co-accused persons Bhagwan and Basant and others with intent to cheat Durga Pagare and others induced and instigated them to invest their money in the aforesaid company and thereafter took an amount of Rs.4,40,000/- from the complainant and other amount from many people.

Learned counsel for the applicants submits that applicants were employees of the aforesaid Easy-Secure Pvt. Ltd Company and there were no specific allegation against them that they induced and instigated the complainant or other people to invest their money in the aforesaid company. No offences under Section 409 and 506 of IPC is made out against them. Applicants have been falsely implicated in the matter only because they are employees of the aforesaid company. Co-accused Devendra Chandani has already been enlarged on bail by this Court vide order dated 24/11/2021 passed in MCRC.No.55387/2021. Learned counsel for applicants no.1 and 3 submitted that case of the applicants are similar to the case of co-accused Devendra Chandani, therefore, applicants no.1 and 3 be enlarged on anticipatory bail.

Per-Contra, learned counsel for the State opposes the prayer and submits that the complainant has specifically mentioned the name of the applicants along with other co-accused persons, who induced and instigated him to invest his money in the company. Offences alleged against the applicants are serious in nature, therefore, they are not entitled for grant of anticipatory bail.

Having considered the rival submissions, material pointed out by the learned counsel for the applicants specifically that applicants were employees of the company in which amount was invested by the complainant and other people, allegations made against the applicants, and also considering the other facts and circumstances of the case, I am of the considered view that it is a fit case for grant of anticipatory bail to the applicants. Hence, without expressing any opinion on merits of the matter, this application is allowed.

It is directed that in the event of arrest of the applicants no.1 Jitendra and applicant no.3 Nilesh, they shall be enlarged on anticipatory bail upon their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the Arresting Officer for their appearance before the trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.

Certified copy as per rules.