Madhya Pradesh High Court
Karunesh Awasthi vs The State Of Madhya Pradesh on 26 June, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT G WA L I O R
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 26th OF JUNE, 2023
MISC. CRIMINAL CASE No. 26831 of 2023
BETWEEN:-
KARUNESH AWASTHI S/O SHRI RAMKUMAR
AWASTHI, AGED ABOUT 57 YEARS,
OCCUPATION: MANAGING DIRECTOR 3/66
SECTOR H JANKIPURAM LUCKNOW UP (UTTAR
PRADESH)
.....APPLICANT
(BY SHRI VIJAY KUMAR JHA, LEARNED COUNSEL FOR THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
KAILARAS, MORENA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI LOKENDRA SHRIVASTAVA- LEARNED PUBLIC PROSECUTOR
FOR STATE)
-----------------------------------------------------------------------------------------
This application coming on for admission this day, the court passed
the following:
ORDER
Case Diary is perused.
Learned counsel for the rival parties are heard.
This is the first bail application u/S.439 Cr.P.C filed by the applicant
for grant of bail.
The applicant was arrested on 08.02.2023 by Police Station- Kailaras,
District- Morena (M.P.) in connection with Crime No.90/2022 for the offence
punishable under Sections 420, 409 of IPC and Section 6(1) of Nishepakon
ke Hiton Ka Sarankshan, Adhiniyam (M.P.).
Allegation against the present applicant accused is that in the name of
Sahara Enterprises Group present applicant accused collected money from
the customers by giving them assurance that he will double the money of the
customers within three months. But, as the present applicant accused has
given assurance to his customers, he was failed to made payment to them. On
the basis of aforesaid, an FIR bearing Crime No.90/2022 for the offence
punishable under Sections 420, 409 of IPC and Section 6(1) of Nishepakon
ke Hiton Ka Sarankshan, Adhiniyam (M.P.) was registered against him.
Applicant accused was arrested.
Learned counsel for the applicant had relied upon the judgment passed
by Hon'ble Apex Court in WP No.191/2022 on 29.03.2023 in which
Hon'ble Supreme Court had directed the depositors of Sahara Group of
Cooperative Society that out of deposit fund amount Rs.23,937/- crores,
Rs.5,000/- crores be distributed at the earliest but not later than nine months
be distributed amongst genuine depositors from "Sahara-SEBI Refund
Account". Learned counsel for the applicant submits that the applicant has
falsely been implicated in this case. The applicant is in custody since
08/02/2023 and he is the permanent resident of District- Lucknow (U.P.).
There is no likelihood of his absconsion or tampering with the prosecution
evidence. The applicant is ready to abide by all the terms and conditions as
may be imposed by this Court. With the aforesaid submissions, prayer for
grant of bail is made.
Per contra, learned Public Prosecutor for the State opposed the
application and prayed for dismissal of the application.
Looking to the facts and circumstances of the case, but without
commenting on the merits of the case, this Court is of the opinion that the
application should be allowed and by allowing the application it is ordered
that if applicant furnishes a cash security of Rs.1,00,000/-(One lac rupees
only) alongwith a personal bail bond of Rs.25,000/- (Rupees Twenty Five
Thousand Only) with one solvent surety of the like amount to the
satisfaction of the trial Court, he should be released on bail.
He will present during trial before the trial Court on each and every
date. In case of any default, cash security of Rs.1,00,000/- shall be
forfeited without giving any notice.
Application stands allowed and disposed of.
Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
Digitally signed
by YOGENDRA (DEEPAK KUMAR AGARWAL)
OJHA
Date:
JUDGE
2023.06.28
ojha 14:06:49
+05'30'
