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Judgment
Vivek Rusia, J
This is the first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.375/2018 registered at Police station Sonkatch District Dewas for the offence punishable under section 420,409,120-B/34 of IPC and Section 6 of the M.P.Nishepakon Ke Hiton Ka Sanrankshan Adhiniyam 2000 and Section 3,4,5 and 6 of the Prize Chits and Money Circulation Scheme banning Act 1978. The applicant is in custody since 11.6.2021.
As per prosecution, the FIR has been registered against the applicant on a complaint made by one of the investor, who is a resident of Sonkanch. According to the complainant, Bapu Singh, he has invested an amount for purchase of gold in the company named and styled as M/s Eve Miracle and Jewels Private Limited of the present applicant, who is a Jeweller by profession. Neither gold nor amount has been returned to the complainant, therefore, FIR has been lodged against him. Similar nature of cheating has been done with other residents also. The applicant and 24 others have further convinced and made 123 members, who invested Rs.5575/-each in total Rs.11,88,730/- invested in the company of the present applicant.
Learned counsel for the applicant submits that as many as 21 FIRs have been registered against the present applicant in various police station. The details have been given in page 6 of the memo of the application and except in this present case in all other cases he has been granted bail by the High Court. He further submits that in one of the bail application came up for consideration before the Principal Bench vide MCRC.No.13200/2018 and after considering all the grounds, objections taken by the State as well as the objector vide order dated 16.7.2018, bail has been granted. The applicant is in jail since 6.11.2018 in the State of M.P. Similar nature of cases were registered in the State of Rajasthan and all FIRs have been quashed except Crime No.34/2020 by the Rajasthan High Court because his wife has got registered a FIR under Section 376 of IPC against the then DIG, thereafter all these cases have been registered in State of M.P one after and another in order to retain the applicant in jail. Under these circumstances, applicant may be enlarged on bail.
Learned Panel Lawyer opposes the bail application and prays for its rejection.
Considering the facts and circumstances of the case but without commenting on the merit of the case and also keeping in view the order dated 16.7.2018 passed by the Principal Seat in MCRC.No.13200/2018, the nature of allegations against the present applicant and the period of custody, the bail application is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees
One Lakh) with two solvent sureties of Rs.50,000/- each (out of which one local surety) 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
C.c as per rules.