Urvashi Bhadoriya vs The State Of Madhya Pradesh
2023 Latest Caselaw 3910 MP

                                                                 1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                       HON'BLE SMT. JUSTICE NANDITA DUBEY
                                               ON THE 13 th OF MARCH, 2023
                                         MISC. CRIMINAL CASE No. 5110 of 2023

                    BETWEEN:-
                    URVASHI BHADORIYA W/O SHRI RUPENDRA SINGH, AGED
                    ABOUT 33 YEARS, R/O 54 B HOTEL REDISION SHEETLA NAGAR,
                    VIJAY NAGAR, INDORE, DISTRICT INDORE (MADHYA PRADESH)

                                                                                               .....APPLICANT
                    (BY SHRI NITIN DUBEY - ADVOCATE )

                    AND
                    THE STATE OF MADHYA PRADESH THROUGH P.S. OMTI,
                    DISTRICT JABALPUR (MADHYA PRADESH)

                                                                                            .....RESPONDENT
                    (BY SHRI SANJEEV SINGH PARIHAR - PANEL LAWYER )

                           T h is application coming on for admission this day, the Court passed the
                   following:
                                                             ORDER

This is first bail application moved by the applicant under Section 439 of the

Cr.P.C. for grant of bail and she is in custody since 02.06.2022 in connection with Crime No.509/2021 registered at Police Station - Omti, District Jabalpur for the offence punishable under Sections 420, 409, 34 of IPC.

The allegation against the applicant is that she is a Director of a Company which is by the name of Oxygen Lifeline Retail Pvt. Ltd. (Arogya Retail) which had entered into a franchisee agreement with M/s M.S. Associates. According to that agreement, Oxygen Lifeline Retail Pvt. Ltd. is a retail distribution point. They were to engage M/s. M.S. Associates as their franchisee in Gwalior for the sale of medicines. According to the Signature Not Verified Signed by: ASHISH KOSHTA Signing time: 3/13/2023 5:25:51 PM

complainant, on the basis of alleged inducement on the part of applicant herein, the complainant made an investment of about rupees fifty lacs out of which five lacs was for infrastructure development and office equipment and five lacs was for a non-refundable deposit. The remaining forty lacs that was paid by the complainant, the complainant would receive merchandise in lieu thereof. It is also the stated position of the complainant that for an year everything went on well and after that the applicant herein and other co- accused persons got more investments made by the complainant in the business. There is no specific allegation that money was ever paid to the applicant herein or into the companies account other than the fifty lacs that was deposited at the time of execution of the franchisee agreement. The basic grouse of the complainant is that he was make

investments which were a loss making proposition for him and therefore, the case has been filed.

Upon asking the learned counsel for the State the specific allegation against the applicant herein, no specific allegation has been levelled against the applicant herein as to how she has been roped in into the offence.

Per contra, learned counsel for the applicant has placed before this Court the judgment of Supreme Court in the case of Sharad Kumar Sanghi v. Sangita Rane, (2015) 12 SCC 781 where even in an offence under Section 420 of IPC, the Supreme Court had quashed the case against the Director of the companies stating that the complaint case had only levelled allegations against the company and the allegations against the Managing Director were vague. In this regard, learned counsel for the applicant submits that franchisee agreement clearly shows that the contract entered into by the complainant's company was with M/s. Oxygen Lifeline Retail Pvt. Ltd., a company registered under the relevant provisions of Companies Act and which has an independent juristic existence of its own, de hors the applicant. He further submits that there are no specific allegations against the applicant herein as to who she has Signature Not Verified Signed by: ASHISH KOSHTA Signing time: 3/13/2023 5:25:51 PM

participated in the alleged defraudment of the complainant/company.

Under the circumstances and in view of what has been argued and referred hereinabove, the application is allowed and it is directed that the applicant shall be released on bail upon her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the learned trial Court.

C.C. as per rules

(NANDITA DUBEY) JUDGE ak

Signature Not Verified Signed by: ASHISH KOSHTA Signing time: 3/13/2023 5:25:51 PM