Monu @ Abhishek Jain vs State Of Madhya Pradesh

Heard on this first application for bail under section 439 of the Code of Criminal Procedure filed on behalf of applicant in connection with Crime No.261/2019 registered at Police Station Chheepawad, District Harda, for the offence punishable under Sections 420, 406 and 120-B of the IPC.

The case of the prosecution is that, applicant Monu @ Abhishek Jain, proprietor of Mahavir Agency used to purchase pulses from Krishi Upaj Mandi Samiti, situated at Khirkiya, under the jurisdiction of Police Station Chhipabad, District Harda. It is alleged that between 09.05.2019 to 13.05.2019 applicant Monu @ Abhishek Jain had purchased pulses and cereals of the farmers from Krishi Upaj Mandi Samiti Khirkiya valued at Rs.1,81,00,000/- and assured to the concerned farmer that amount will be deposited in their accounts within 72 hours through R.T.G.S., but the same has not been credited in their accounts, then they made a complaint to the Inspector of Mandi, who lodged the report. On that basis above mentioned crime has been registered against the applicant and other co-accused persons.

Learned counsel for the applicant submitted that the applicant has not committed any offence and has falsely been implicated in the case. It is further submitted that the applicant has made the entire payment and the Mandi issued NOC; thereafter, the grain was taken out from the Mandi premises. Some officers of the Mandi found responsible for the loss and they have already made the payment to the agriculturist. It is further submitted that the investigation has already been completed. It is also submitted that the applicant is permanent resident of the address shown in the application. He is ready to furnish adequate surety and will be abide by all the directions and conditions which may be imposed by the Court. It is further submitted that the applicant is in custody since 02.10.2019. In view of the aforesaid, it has been prayed that the applicant be released on bail.

Learned Panel Lawyer for the respondent/State on the other hand has opposed the application and the learned counsel for the objector submit that co-accused Shaitan Singh and Mahesh Rajoriya are working in the firm of the applicant Monu @ Abhishek Jain, who is the main accused in the case and the pulses were purchased on his behalf. The applicant Abhishek Jain @ Monu has not made the payment of pulses and cheated the farmers. In view of the aforesaid, prays has been made to dismiss the application.

On perusal of the case diary, it seems that applicant Abhishek Jain @ Monu is the main accused, who is allegedly committed cheating with the farmers by receiving the grains but not paying them the amount to the tune of Rs.1,81,00,000/-, which was later on paid by Krishi Upaj Mandi Samiti, Khirkiya and as such defalcated the money and caused loss to the public exchequer.

However, keeping in view the facts and circumstances of the case in their entirety, particularly the fact as pointed out by the learned counsel for the respondents and having regard to the gravity of offence, in the opinion of this Court, at this stage, it is not a fit case to grant bail to the applicant- Monu @ Abhishek Jain.

Consequently, this first application for bail under section 439 of the Code of Criminal Procedure filed on behalf of applicant, stands dismissed.