MCRC/48213/2018 of VINOD KUMAR KUNWAR Vs THE STATE OF MADHYA PRADESH on 31 December 2018

The High Court Of Madhya PradeshMCRC-48213-2018

(VINOD KUMAR KUNWARVs THE STATE OF MADHYA PRADESH)

[31][-][12][-][2018]Jabalpur, Dated :

Shri Rajendra Kumar Gupta, counsel for the applicant.

Shri Pramod Choubey, Govt. Advocate for the respondent/State.

Heard with the aid of case diary.

This is First application of the applicant Vinod Kumar Kunvar filedunder section 439 Cr.P.C. for grant of bail in connection with CrimeNo.381/2016 registered at Police Station Kotwali, District Anuppur for theoffence punishable under Sections 420, 467, 468, 471, 120-B of IPC r/wSection 6 (1) of Madhya Pradesh Nikshepakon Ke Hiton Ka SanrakshanAdhiniyam, 2000.

As per the prosecution case, police registered Crime No.381/2016 atPolice Station Anuppur, District Anuppur for the offence punishable underSections 420, 467,468, 471, 120-B read with Section 34 of the IPC andSection 6 of The Madhya Pradesh Nikshepakon Ke Hiton Ka SanrakshanAdhiniyam, 2000 against the, C.M.D., M.D., Branch managers and agents ofthe R.B.N. Infrastructures India Limited. The general allegations againstapplicant Vinod Kumar Kunvar and co-accused persons of the case are thatthey had collected money from 103 persons assuring them to double theirmoney within five and seven years. However, they did not pay the moneyeven after the maturity periods. On the other hand, they closed down thecompany office and thus cheated the innocent people. The specificallegations against the applicant and co-accused are that they are the GeneralManager of the company and collected Rs.2026800/- from the 103 personscajoling them into buying the products of the companies to get high returns.

Learned counsel for the applicant submits that applicant has notcommitted any offence and has falsely been implicated in the offence. Charge sheet has been filed. The applicant is in custody since 06.11.2018 andconclusion of trial is likely to take a long time, hence prayed for release of the applicant on bail.

Learned counsel for the State opposed the prayer and submitted thatthe applicant and all the other accused persons played fraud upon innocentinvestors and deprived them of their hard earned money. Applicant allured toprovide good returns on the deposits, took Rs.2026800/- from innocentpeople. Sufficient evidence is available on record to connect the applicantwith the offence in question so he may not be released on bail.

It is alleged that applicant was the General Manager of the RBNInfrastructure India Ltd. and he through co-accused persons assured theinnocent people that on their investing the amount in the Company oncompletion of the period of five and seven years, they will return back doublethe amount invested by the investors. Applicant along with other co-accusedpersons took Rs. 2026800/- from the innocent people and thereafter closedown the office of the company and embezzled the amount received from theinnocent people. So looking to the facts and circumstances of the case, thiscourt is not inclined to grant bail to the applicant.

Accordingly, the bail application is rejected.

(RAJEEV KUMAR DUBEY)V. JUDGE

(ra)