Ravi Shekhar vs. The State Of Madhya Pradesh

MCRC/31389/2022HC Madhya PradeshGST29 June 2022Bench: HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL3 pages
For Petitioner: Abhishek ChaturvediFor Respondent: Advocate General
AI SummaryAllowed

Held

The Court granted bail to the applicant, Ravi Shekhar, without commenting on the merits of the case. The reasoning for allowing the bail application was based on the facts and circumstances presented, particularly the petitioner's willingness to deposit a sum of Rs. 2,10,000/- in the complainant's bank account. The Court ordered that upon depositing this amount and furnishing a bail bond of Rs. 25,000/- with one solvent surety to the satisfaction of the trial court, the applicant shall be released on bail. The applicant was also directed to be present during the trial on each date. The issue of guilt or innocence was not decided, and the bail was granted as a procedural relief pending trial.

Facts

The petitioner, Ravi Shekhar, is seeking bail in connection with Crime No. 168/2019 registered at Police Station Crime Branch, Gwalior, for offenses under Sections 420, 34 of the Indian Penal Code and Section 66 of the IT Act. The complainant alleged that she was induced by a company named Deels4U to pay Rs. 4,39,899/- for purported GST, insurance, and tax formalities to receive a prize. The petitioner, who was the Manager of Deels4U, was arrested on March 30, 2022. During the investigation, various electronic devices and documents were seized from the petitioner and his co-accused brother. The petitioner's first bail application was dismissed as withdrawn on June 22, 2022. The petitioner claims innocence and is willing to deposit Rs. 2,10,000/- towards restitution.

Key Issues

1. Whether the applicant is entitled to be released on bail under Section 439 Cr.P.C. given the allegations of cheating and fraud involving a significant sum of money, and the stage of investigation/trial? Petitioner's Arguments: The petitioner argued that he is innocent and has been falsely implicated. He also contended that the conclusion of the trial will take a considerable amount of time. Furthermore, the petitioner expressed his willingness to deposit Rs. 2,10,000/- in the complainant's bank account as a gesture of restitution, praying for the grant of bail. Revenue/State's Arguments: The learned counsel for the State opposed the bail application and prayed for its rejection, without elaborating on specific arguments or legal provisions relied upon.

Sections Cited

Section 439 Cr.P.C., Section 420 IPC, Section 34 IPC, Section 66 IT Act

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL ON THE 29th OF JUNE, 2022 MISC. CRIMINAL CASE No. 31389 of 2022 Between:- RAVI SHEKHAR S/O MANAGER PRASAD SINGH , AGED ABOUT 30 YEARS, A-1/17-A THIRD FLOOR KRASHNA KUNAJ APARTMENT PALAM NEW DELHI (DELHI) .....PETITIONER (SHRI ABHISHEK PARASHAR, LEARNED COUNSEL FOR PETITIONER) AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION P.S. CRIME BRANCH (MADHYA PRADESH) .....RESPONDENTS (SHRI B.P.S.CHAUHAN, LEARNED PUBLIC PROSECUTOR FOR RESPONDENT/STATE) This application coming on for hearing this day, the court passed the following:

ORDER This is the second bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. His first bail application was dismissed as withdrawn by order dated 22.06.2022 passed in M.Cr.C. 30935/2022.

The applicant was arrested on 30.03.2022 in connection with Crime No.168/2019 by Police Station Crime Branch District Gwalior (MP) for the offence punishable under Sections 420, 34 of IPC and 66 of IT Act.

As per prosecution story, on 06.11.2019 complainant Jafreen Naaz lodged a hand written complaint before Crime Branch Gwalior that on 1 22.08.2019, sh

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