Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33304 of 2018 Applicant :- Praveen Patel Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Tiwari Counsel for Opposite Party :- G.A.,Alok Kumar Singh,Amit Daga
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, Sri Amit Daga and Alok Kumar Singh, learned counsel for the informant, learned A.G.A., Sri Om Narain Tripathi for the State and perused the material brought on record.
By way of the instant application, the applicant seeks bail in Case Crime No. 144 of 2018, under Sections - 420, 406, 506 I.P.C., Police Station - Civil Lines, District -Muzaffar Nagar.
The FIR in question was lodged by one Manoj Kumar (informant). The informant lodged first information report on 28.2.2018 at Police Station – Civil Lines, Muzaffar Nagar, whereby the applicant along with others were arrayed as accused and it was alleged that the investment of the customers in Malwanchal India Ltd. Chit Fund Company to the tune of Rs. 6 crores was swindled/embezzled by the applicant. The investment amount promised to be returned has not been returned.
Contentions have been raised on behalf of the applicant, one of them being that the applicant is not the director of the company in question nor has he played active role in getting the money of any of the customers invested in the company. As per FIR, the company was created/opened on 6.8.2013, whereas, the investment was made right from 31.01.2013 and onwards. There is no documentary proof implicating the applicant with the commission of offence that he ever actively committed any offence.
Contention has been stressed to the level that the applicant being the nephew of the director of the company has been deliberately involved in this case. Offence alleged is triable by the Magistrate Ist Class. In case the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.
The learned A.G.A. assisted by the counsel for the informant submitted that the applicant acted in the capacity of the director and lured various customers for investing money in the Chit Fund Company and thereby denied the claim of its customers/investors which swelled to the tune of Rs.6 crores. Recovery of the same is yet to be made.
Considered the rival submissions and perused the material brought on record, no good ground is made out for bail.
Accordingly, the instant bail application is rejected, at this stage.
The observation made in this bail order shall not prejudice the trial court while deciding the trial on merit.
Order Date :- 29.11.2018 S Rawat