Udaybhan Choube vs State Of M.P

Rajeev Kumar Dubey, J

This is first application filed under section 439 Cr.P.C. Applicant Udaybhan Choube was arrested on 24.11.2020 in Crime No.369/2020 registered at

Police Station Sihora, District Jabalpur for the offence punishable under Sections 420, 120-B of the IPC and Section 6(1) of Nikshepakon Ke Hiton

Ka Sanrakshan Adhiniyam.

As per prosecution case, the applicant and co-accused persons, who were the Directors, Branch Managers of J.K.V. Company through their

employee/agent collected money from innocent persons assuring them to double their money within five years. However, they did not pay the money

even after the maturity periods. On the other hand, they closed down the company office and fled away. Thus, they cheated innocent people and

embezzled their amount around Rs. 8-10 lakhs. The specific allegation against the applicant is that he was the Branch Manager of Sihora Branch of

J.K.V. Company and was involved in the crime with the other co-accused.

Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the matter. There is no evidence on record

to show that the applicant took any amount from any person. He was only the clerk in the company and he gave resignation from the said company on

28/06/2020, so no offence is made out against the applicant. It is further submitted that co-accused Praveen Dehariya and Shailendra Kurmi have

been granted bail by the trial court under Section 167(2) of Cr.P.C. The applicant has been in custody since 24.11.2020 and the conclusion of trial will

take time, hence prayed for release of the applicant on bail.

Learned counsel for the respondent/State opposed the prayer and submitted that the applicant and co-accused persons played fraud upon innocent

investors and deprived them of their hard-earned money. The applicant is an office-bearer of the company. So he should not be released on bail.

It is alleged that applicant, who was the Branch Manager of Sihora Branch of J.K.V. Company, through other employees/agents collected money

from many innocent persons assuring them to double their money within five years. However, they did not pay the money even after the maturity

periods. On the other hand, they closed down the company office and fled away and thus cheated the innocent people. From the case diary

statements of Lallu and Amit it appears that applicant was also involved in the crime.

So looking to the facts and circumstances of the case and the enormity of the fraud, this court is not inclined to grant bail to the applicant.

Hence, the M.Cr.C. is rejected.