Madhya Pradesh High Court
Varun Mittal vs The State Of Madhya Pradesh on 28 July, 2025
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1 MCRC-29114-2025
IN THE HIGH COURT OF MADHYA
PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
ON THE 28th OF JULY, 2025
MISC. CRIMINAL CASE No. 29114 of 2025
VARUN MITTAL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Avinash Sirpurkar -Senior Advocate with Shri Bablu
Patel for the petitioner.
Shri VK Jain -Senior Advocate with Shri Krishnakant Mittal
for the respondent [OBJECTOR].
Shri S.S Thakur - G.A for the respondent/State.
ORDER
This miscellaneous criminal case under section 482 of the
BNSS, 2023 is preferred seeking anticipatory bail of petitioner
Varun Mittal s/o Praveen Mittal apprehending arrest in crime
no.50/2025 registered at PS Crime Branch, Indore under sections
409, 420 r/w section 34 of the IPC.
2. Facts in brief are that M/s JBB Marketing Pvt. Ltd.
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operates as an authorized Del Credere Agent of Reliance Industries
Ltd. which is engaged in manufacturing and sale of petrochemical
products. There exists a business relationship between the applicant
and Reliance Industries Ltd. under which the company sells and
supplies the petrochemical products to industrial users who place
purchase orders through agents like applicant within the commercial
limits granted to the agents. Narmada Extrusions Ltd. was engaged
in the business with M/s JBB Marketing Pvt. Ltd. since 2017-18 and
the payments were made by Narmada Extrusions Ltd. through letter
of credit issued by Central Bank of India. Narmada Extrusions Ltd.
placed requirements through e-mail ID. Sometimes the requirement
was intimated through whatsapp and such mode of business was
without any problem up to November, 2021 and there was regular
payment but thereafter payment of Rs.10,62,20,244/- was not made
and on this amount an interest of Rs.3,79,10,239/- has become due
up to 31.03.2025 and despite several request through e-mail and
whatsapp messages no payment has been made by Narmada
Extrusions Ltd. and Praveen Mittal, Pranav Mittal and Varun Mittal
in order to obtain goods fake letter of credits were also issued and a
crime no.50/2025 was registered at PS Crime Branch, Indore on
11.03.2025. This MCRC is preferred on the ground that Narmada
Extrusions Ltd. has a business with M/s JBB Marketing Pvt. Ltd.
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since last 30 years and there was no dispute but presently to recover
undue amount a dispute was created and a pressure was created
through Crime Branch, Indore. He was forced to file a writ petition
no.25/2025 before the M.P High Court, Bench Indore and vide order
dated 23.01.2025 the petition was disposed of with a direction that
the petitioner shall not be coerced or compelled for settlement
against the due process of law and thereafter this criminal has been
lodged. Vide order dated 17.05.2025 in bail application
no.1766/2025, Praveen Mittal and Pranav Mittal have been granted
bail by 25th A.S.J, Indore. He has submitted all the information
regarding the disputed 7 letters of credit bu the Crime Branch was
not prepared to accept the record. He sent the same through
registered post on 04.01.2025. Payment in default is due to the
incorrect information supplied by M/s JBB Marketing Pvt. Ltd. in
the form of wrong UTR number and out of date invoices. He is not
a Director or in the management of the Narmada Extrusions Ltd..
The only allegation against the present applicant is that the disputed
number of letter of credits were intimated to Rishab Sachdeva,
Director of M/s JBB Marketing Pvt. Ltd. on whatsapp number
992693616 through 9669155617. The same mobile has been seized
by the police from the possession of his father/co-accused Praveen
Mittal. There is no need of custodial interrogation of the present
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applicant. He will comply with all the directions of this Court. He
has moveable and immovable properties in the Indore district. There
is no possibility that he will abscond.
3. Counsel for the objector has opposed the petition
submitting that present applicant was instrumental in the fraudulent
act by sending details of fake letters of credits using his mobile.
There is every possibility that he will leave the country and will not
be available as a huge amount has been misappropriated through
breach of trust. The relationship is not remained as commercial
since the petitioner was involved in creating fake letters of credits.
The objector has filed the detailed reply through IA No.9871/2025
and through additional documents filed through IA No.1012/25 and
submitted that the Central Bank of India is auctioning the properties
of Narmada Extrusions Ltd. and referred to Jai Prakash Singh vs.
State of Bihar - (2012) 4 SCC 379 and Y.S. Jagan Mohan Reddy vs.
CBI -(2013) 7 SCC 439 in support of their objection along with the
tabular chart of LCs through Annexure/R.
4. Counsel for the State has also opposed the application
submitting that they have applied for cancellation of bail of the co-
accused granted by the trial court.
5. Perused the record.
6. Before proceeding further Court is keeping in mind the
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guiding principles in dealing with the application under section 438
Cr.P.C as summarized in Constitutional Bench judgment of Sushila
Aggarwal and others vs. State (NCT of Dlhi) and another - AIR
2020 SC 831.
7. The objection in granting anticipatory bail to Varrun
Mittal was based on 15 points as available in the objection of
Incharge Police Station Crime Branch, Indore. The objections are to
the effect that in case the anticipatory bail is granted, then the
whatsapp chat and technical evidence may be effaced by destroying
the mobile phone. No amount from the subject matter of
Rs.10,90,00,000/- has been returned. There is every possibility that
Varun Mittal will leave India in case he gets anticipatory bail. He
will not cooperate in the investigation. He belongs to politically
influenced family. A recovery has been issued by the Central Bank
of India and a notice of e-auction has been issued to recover the
amount of Rs.95,31,92,434/-. The custodial interrogation of Varun
Mittal is required regarding the LC Nos.265, 277, 500, 501 & 211
and LC No.s.264, 279, 475, 478, 210 & 211.
8. Now the case of the applicant/petitioner is being
examined. The statement recorded under section 180 of the BNSS,
2023 of Rishab Sachdeva, Director of M/s JBB Marketing Pvt. Ltd.
discloses that there was a business with Narmada Extrusions Ltd.
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since 2017-18 up to November, 2021 and there was no issue in
business. The Crime Branch till now has not found the case under
sections 467 & 471 of the IPC indicating the forgery of documents.
The documents collected regarding Narmada Extrusions Ltd. does
not discloses that present petitioner was officially authorized on
behalf of the Narmada Extrusions Ltd.. He was not in the
management of the Narmada Extrusions Ltd. incorporated on
14.08.1984 at registration no.002532 with CIN
No.U25202MP1984PLC002532. The apprehension of destroying
the mobile phone bearing sim No.9669155167 and leaving India
may be addressed by imposing adequate conditions.
9. Accordingly, the petition is allowed and it is ordered that
in case the petitioner is arrested in connection with crime no.50/2025
registered at police station Crime Branch, Indore, then he be released
on bail subject to his furnishing personal bond in the sum of
Rs.2,00,000/- (Rupees Two Lakhs) with one surety in the like
amount to the satisfaction of the arresting officer with the following
conditions:
(i) The petitioner shall surrender his passport before the
investigating officer within a week;
(ii) The petitioner will make available the cell phone bearing
sim No.9669155167 to the investigating officer and shall not delete
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the data available with the phone;
(iii) The petitioner shall make himself available for
interrogation by a police officer as and when required;
(iv) Condition that the person shall not directly or indirectly
make any inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade him from disclosing such
facts to the Court or to any police officer;
(GAJENDRA SINGH)
JUDGE
hk/
