MP HC | “Accused himself is a victim and has a similar set of circumstances as the complainant”; Court grants bail

Madhya Pradesh High Court: Vivek Rusia, J., allowed the bail application of the applicant-accused in connection with the FIR registered for offence punishable under Sections 120-B, 420, 409, 467, 468 & 34 of the Penal Code, 1860.

The facts in the present case are such that the complainant Poonamchand lodged a written complaint against the BNP Group of Companies on 01-06-2016 alleging that he had invested money in various schemes of the aforementioned company with the assurance of certain inflated returns. However, even after the passing of the maturity date, the amount has not been returned to him. Acting on the complaint, police registered an FIR against 25 people including the owner, director and several employees. The applicant, being an employee has also been named and arrested.

Counsel for the applicant, Pramod C. Nair has submitted that the applicant was an employee of the company and he along with his family members had invested massive amounts of money in similar schemes with the expectation of assured and handsome returns. When the amounts were not returned even after maturity, the applicant lodged an FIR on 10-10-2015, much earlier than the FIR that has been filed against him. The applicant himself is a victim of cheating at the hands of the company. The applicant was never absconding and the police made no efforts to arrest him. It is also submitted that other named accused in the present case have already been granted bail by this Court or the trial court. In the event when there is no specific allegation against the applicant nor has there been any recovery from him, the applicant ought to be enlarged on bail. The investigation is also complete and the charge sheet has been filed, warranting no custodial interrogation.

Counsel for the respondent, Saumya Maru has vehemently opposed the present application.

The Court upon careful perusal of the facts, circumstances and the arguments advance observed that it is clear that the victim himself has been duped by the company making him a victim. The applicant and his family have also deposited huge amounts, the return of which has been jeopardized now. The main accused has been granted bail and the facts have not attributed any specific role against the applicant.

In view of the above, the Court has allowed the present application to enlarge the applicant on bail.[Lalit v. State of M.P., 2020 SCC OnLine MP 1990, decided on 16-09-2020]

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