Sapna Bharti vs State Of Madhya Pradesh

Heard, Case-diary perused.

This is a repeat (third) application under Section 439, Cr.P.C for grant of bail in connection with Crime No.424/2017 registered at Police Station-Malharganj, District-Indore, concerning offence under Sections 420, 406, 421, 467, 468, 471, 120-B/34 of IPC read with Sections 5(1), 6(1) of M.P. Nikshepakon ke Hiton ka Samrakshan Adhiniyam 2000. Earlier two applications were dismissed on merits vide orders dated 11/03/2019 and 15/04/2019 passed in M.Cr.C. Nos.8755/2019 and 14078/2019.

As per prosecution story, the present applicant along with Narendra Bharti and Vinod Bharti started chit fund and they made about 250 members, collected money from them, however, they neither opened any draw nor returned the money to the members and thus committed cheating.

Learned counsel for the applicant has submitted that the applicant is innocent and she has been falsely implicated in the present crime. The prosecution has already examined four witnesses before the trial and none of them have stated that the present applicant has received any amount from them. There are no documents on record to show that the present applicant accepted the deposit amount. The applicant is in custody since 03/11/2017 and there is no possibility of early conclusion of trial. Under these circumstances, learned counsel prays for grant of bail to the applicant.

On the contrary, learned Public Prosecutor opposes the application by contending that in the Court statement Durgesh Joya (P.W.1), Mahendra Pandey (P.W.2) have not only identified the present applicant but have also stated that the applicant is the person who received the deposit amount from them along with co-accused persons, which clearly indicates the implication of the applicant in the present crime. Earlier bail application filed by the applicant was dismissed on merits vide order dated 15/04/2019 passed in M.Cr.C. No.14078/2019 and thereafter, there is no change in circumstances in which the present application can be considered. Therefore, counsel prays for rejection of the application.

After considering the arguments advanced by the learned counsel for the parties and looking to the statement of witnesses recorded by the trial Court, this Court is of the view that there are sufficient material on record to implicate the applicant in the present crime and while deciding the bail application, the evidence led by the prosecution cannot be appreciated. Earlier bail application of the applicant was dismissed on merits vide order dated 15/04/2019 and thereafter, there is no change of circumstances in which the present application can be considered.

Accordingly, Miscellaneous Criminal Case No.28224/2019 is hereby dismissed.

Certified copy as per rules.