Karunesh Awasthi vs The State Of Madhya Pradesh
2023 Latest Caselaw 9636 MP

                                                              1
                           IN      THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                  ON THE 26 th 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, 406 of IPC and Section 6(1) of Nishepakon ke Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 6/27/2023 11:23:19 AM

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, 406 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 b y Hon'ble Apex Court in WP No.191/2022 on 29.03.2023 i n 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 Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 6/27/2023 11:23:19 AM

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.

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 6/27/2023 11:23:19 AM