Ravishram Gaud vs State Of M P

Sandeep N. Bhatt, J

This is first application filed by the applicant under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No. 325/2017 registered at Police Station - Industrial Area, Jaora District - Ratlam for the offence punishable under Section 420, 406, 467 and 468 of IPC and Section 4,6(1) of M.P. Nikshepako Ke Hiton Ka Sanrakshan Adhiniyam. Applicant is in detention since 27.12.2025.

As per prosecution story, the applicant alongwith other co-accused persons being an agent was involved in alluring innocent person in different villages for investment with higher returns. The petty investors had fallen to the prey of the applicant and other accused persons and invested their hard earned money in the fraudulent schemes floated by the main accused Dilipdas Bairagi. Despite assurance, the repayment was not made. Accordingly, complaint was made by the investors. On the basis of said complaint, present case has been registered against the applicant and other co-accused persons.

The counsel for the applicant contends that the applicant is implicated in the case only on the basis of memorandum of co-accused persons. The applicant is alleged to be an agent in the matter. It is submitted that the applicant is aged 41 years. The investigation is over and the chargsheet is filed.The main accused is Dilipdas S/o Prahaladas Bairagi has been extended benefit of bail. Similarly situated co-accused Shailendra, Ramesh and Prakash who were also agents have been extended benefit of bail by the co-ordinate Bench of this Court vide orders dated 12.04.2023 and 25.07.2022 passed in M.Cr.C. No. 9339/2023 and M.Cr.C. No. 36665/2022. The applicant is behind the bar since 27.12.2025. No criminal antecedent is reported against the applicant. Trial will take considerable time to conclude, therefore, the applicant be released on bail.

Learned counsel for the State has strongly opposed the prayer and submitted that that looking to the seriousness of the matter and other facts, no case is made out for grant of bail to the applicant.

Considering the submission made at the bar, the prima facie material, the implication of the applicant is based on the memorandum of co-accused in police custody. The role of the applicant is that he was an agent in the matter. The amount involved in the matter has been returned to the complainants by the main accused Dilipdas. Similarly situated co-accused Shailendra, Ramesh and Prakash have also been extended benefit of bail by the co-ordinate Bench of this Court vide orders dated 12.04.2023 and 25.07.2022 passed in M.Cr.C. No. 9339/2023 and M.Cr.C. No. 36665/2022, no fruitful purpose will be served to keep the applicant behind the bar. Therefore, considering the principle 'bail is the rule, jail is the exception' as well as Article 21 of the Constitution of India, but without expressing any view on the merits of the case, this Court deems it a fit case to release the applicant on bail. Therefore, the application is allowed .

It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount each 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 concerned Court on all the dates fixed by it during trial. In addition to this, (i) Applicant shall not influence the proceedings of trial ;(ii) Applicant shall make himself available as and when required in trial; (iii)Applicant shall not involves himself in any criminal activity otherwise prosecution shall be at liberty to move application for cancellation of bail and this order shall stand automatically cancelled and police and trial Court shall be at liberty to commit him in jail and; (iv) Applicant shall abide by the conditions enumerated under section 480(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

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.

Certified copy as per rules.