Madhya Pradesh High Court
Ravindra Bothra @ Ravindra Jain vs The State Of Madhya Pradesh on 20 March, 2025
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
NEUTRAL CITATION NO. 2025:MPHC-JBP:13912
1 MCRC-5678-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 20 th OF MARCH, 2025
MISC. CRIMINAL CASE No. 5678 of 2025
RAVINDRA BOTHRA @ RAVINDRA JAIN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sankalp Kochar, counsel for the applicant.
Shri Amit Sharma, G.A. for respondent/State.
Shri Aditya Khare, counsel for the objector.
ORDER
This first bail application under Section 483 of BNSS,2023 has been filed
by the applicant for grant of regular bail relating to FIR No. 237/2024 dated
17.02.2024 registered at Police Station Adhartal District Jabalpur (M.P.) for
commission of offence under Section 420, 409/34 of IPC. Applicant is in
detention since 25.01.2025.
2. As per the prosecution story applicant defrauded and embezzled Rs.20 Lakhs
from the complainant at the behest of sending consignment of TMT iron rods and
despite receiving the money he did not send the consignment. However, later he
returned Rs.03 Lakhs through draft but did not return Rs.17 Lakhs. F.I.R was
registered.
3. Learned counsel for the applicant has submitted that applicant has not
committed any offence. He is innocent. He has been falsely implicated. It is
submitted that applicant had issued cheque of Rs.17 Lakhs in favour of the
complainant. The same was presented by the complainant in the bank and when it
NEUTRAL CITATION NO. 2025:MPHC-JBP:13912
2 MCRC-5678-2025
stood dishonoured, notice was issued and at present case under section 138 of N.I
Act is pending and applicant is facing the trial. Placing reliance on the judgment
of G.Sagar Suri Vs. State of U.P. and another-2000(2) SCC 636 , it is contended
that when proceedings under section 138 of N.I Act is pending, F.I.R on the basis
of same facts, is not permissible. On the aforesaid pretext, it is prayed that
applicant may be released on bail.
4. On the other hand, learned counsel for the State as well as learned counsel
for the objector have opposed grant of bail to the applicant and have submitted
that applicant has criminal background of two cases of same nature. His wife is
also facing the trial for commission of offence under section 420 and 406 of IPC
and she is absconding from the court at Raipur (Chhatisgarh). Learned counsel for
the objector placing reliance on the judgment of Sangeetaben Mahendrabhai Patel
Vs. State of Gujrat and another- 2012(7) SCC 621 has submitted that if offences
are different and facts are same, proceedings under two Acts which are of different
nature are permissible.
5. After considering the difference of opinion about the law by two benches of
equal strength of Supreme Court in the case of J. Vedhasingh Vs. R.M.Govindan
and others- 2022 Livelaw (SC) 669, the Hon'ble Apex Court has referred the
matter for consideration to the larger bench and matter is still pending before the
larger bench for consideration and to answer the referred issue. The applicant is
in jail for almost a period of two months. Final conclusion of the trial will take
considerable time. Therefore, having taken into consideration all the facts and
circumstances of the case including the submission putforth by learned counsel for
the applicant, I deem it a fit case for grant of bail. Consequently, this bail
application under Section 483 of BNSS,2023 for grant of bail filed on behalf of
applicant, stands allowed.
NEUTRAL CITATION NO. 2025:MPHC-JBP:13912
3 MCRC-5678-2025
6. It is directed that applicant - Ravindra Bothra @ Ravindra Jain be released on
bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One
Lakh) with two solvent sureties of 50,000-50,000/- each to the satisfaction of the
trial Court, for his regular appearance before the trial Court during trial with a
condition that he shall remain present before the concerned Court on all the dates
fixed by it during trial. He shall abide by all the conditions enumerated under
Section 480(3) of BNSS, 2023.
7. This order shall be effective till the end of the trial. However, in case of bail
jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
MKL
