Vishnu Garg vs The State Of Madhya Pradesh
2022 Latest Caselaw 8652 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                 BEFORE
                   HON'BLE SHRI JUSTICE ANAND PATHAK
                           ON THE 29th OF JUNE, 2022

               MISC. CRIMINAL CASE No. 29894 of 2022

        Between:-
        VISHNU   GARG    S/O  PRAHLAD   GARG
        (AGRAWAL), AGED-58 YEARS, OCCUPATION:
        GALLA VYAPARI, R/O KOLUA ROAD PETROL
        PUMP KE SAMNE KI ROAD, DAAL MIL,
        ASHOKNAGAR (MADHYA PRADESH)

                                                                  .....APPLICANT
        (BY SHRI VIBHORE SAHU - ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        POLICE STATION KOTWALI ASHOKNAGAR
        (MADHYA PRADESH)

                                                              .....RESPONDENTS
        (BY SHRI ROHIT MISHRA - ADDITIONAL ADVOCATE GENERAL)
        (BY SHRI J.S. KUSHWAHA - ADVOCATE FOR COMPLAINANT)

      This application coming on for hearing this day, the court passed the
following:
                                     ORDER

The applicant has filed this first application under Section 438 of Cr.P.C for grant of bail, who is apprehending his arrest in connection with Crime No.254/2022 registered at Police Station Kotwali District Ashoknagar for the offence punishable under Sections 420, 406, 409 and 34 of IPC.

It is the submission of counsel for the applicant that applicant is apprehending his arrest on the basis of registration of offence referred above. He is facing false implication and has no role to play in the financial transaction whereas as per allegations, applicant alongwith his son Sagar Garg was

instrumental in accepting money to the tune of Rs.1,51,80,660/- from different investors in which farmers who supplied grams (puk ) to applicant and his son

and other persons gave money for business purpose. As per allegations, applicant and his son disposed of the pulses' mill to some Ashok Shivhare of Gwalior and escaped overnight. They are ready to repay the amount. As submitted, because of some losses in business they could not repay the amount. No misrepresentation exist. Thus prayed for anticipatory bail.

Learned AAG opposed the prayer and submitted that applicants are absconding and therefore, Farari Panchanama has been preferred in this regard and investigation is pending. He referred the contents of FIR and statement

recorded under Section 161 of Cr.P.C. which indicates that they cheated the complainants on various pretext therefore, custodial interrogation is required. He relied upon the judgment of Hon'ble Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Dehli) rendered in (2020) 5 SCC 1 and Nathu Singh Vs. State of U.P., (2021) 6 SCC 64.

Learned counsel for the complainant also opposed the prayer and according to him many persons at Ashoknagar have been cheated by the conduct of applicant. He was the Director of company and overnight they are absconding from the place of business while taking money collected under different heads from farmers or investors.

Heard the learned counsel for the parties and perused the case diary. This is the case where role of applicant figures in the FIR as well as statements under Section 161 of Cr.P.C. and it is white collar crime prima facie. Applicant alongwith his son are absconding after taking money to the tune of more than One Crores Rupees from different farmers and other persons on different pretext and siphoned of money for personal gains. Farari Panchanama

in case diary indicates that they are not cooperating in investigation and looking to the nature of allegations as well as the offence allegedly being faced by them, custodial interrogation cannot be ruled out.

Cumulatively, application preferred by the applicant sans merit and is hereby dismissed.

ANAND PATHAK) JUDGE Ashish*

ASHISH Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA

CHAUR PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=bf81a9adb1da24e4bc7b5195154c3d4de0 8c6bb9303e52e2e7e728d9bac85bd3, pseudonym=CA2EA6EDDF504F8F9C2790FA9A0FD 201D0242B64, serialNumber=A926F3CBF979ECA6A4C477577EED

ASIA BA3AB4F94593A930B98DAE1B0AD16F90B5FD, cn=ASHISH CHAURASIA Date: 2022.06.30 10:18:30 -07'00'