ORDER

Heard Mr. Manish Kumar Singh, learned Senior Counsel appearing on behalf of the petitioner & assisted by Mr. Kundan Kumar, Advocate and Mr. Ajit Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Complaint Case No.505(C) of 2021, registered for the offences punishable under Sections 323, 341, 406, 420 504 and 506 read with Section 34 of the Indian Penal Code.

3. Prosecution story, in brief, is that the petitioner is the agent of Sahara Credit Co-operative Society Limited (herein after to be referred as the ‘Society’) and has not re-paid the matured amount of the depositors including complainants, as per the assurance given by the Society, with respect to Maturity Benefit Payment under Policy No.00050569 on the life of (Life Assured) Client (complainant) (as contained in Annexure-’3’). The detail of agent code (petitioner) is mentioned in the said Policy Bond bearing No.60002296.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner admits that he was the agent of the Society at the relevant point of time when the policy was purchased by the complainant, however the entire amount of the maturity was not returned back to the complainant in terms of the policy purchased by him in time. The account of the Society was freezed by the SEBI and several litigations arosed, which delayed the re-payment of the matured amount to the depositors. The matter relating to disbursement of legitimate dues of the depositors of the Sahara Group of Cooperative Societies was considered by the Hon’ble Apex Court in Writ Petition (C) No.191 of 2022 (Pinak Pani Mohanty vs. Union of India & Ors) and the interlocutory order has been passed by the Hon’ble Apex Court on 29.03.2023, wherein a direction has been passed that out of total amount of Rs.24,979.67 crores lying in the “Sahara-SEBI Refund Account”, Rs.5000 crores be transferred to the Central Registrar of Co-operative Societies, who, in turn, shall disburse the same against the legitimate dues of the depositors of the Sahara Group of Co-operative Societies, which shall be paid to the genuine depositors in the most transparent manner and on proper identification and on submitting proof of their deposits and proof of their claims and to be deposited in their respective bank accounts directly.

5. Learned counsel for the petitioner further submitted that in compliance of the Hon’ble Apex Court direction, the Ministry of Co-operation vide notification dated 20th June 2023 has directed for re-payment of the matured amount. Learned counsel has brought on record the said notification by way of Annexure ‘5’ to the bail application. He submits, in compliance thereto, the petitioner will be paid the matured amount.

6. He further submitted that so far allegation of assault and ill-treatment against the petitioner is concerned, the same has been alleged to pressurize the petitioner.

7. It has been informed by the learned counsel for the petitioner that the Zonal Chief, Sahara India, Bihar has directed to all the Managers and the functionaries of different Branches in the State to facilitate the payment process by extending all help in getting their matured amount to the bona fide depositors in the light of judgment of the Hon’ble Apex Court as well as the Central Government notification as contained in Annexure - ‘5’.

8. Learned counsel submits that in the present case, the net payable amount is Rs.51,875/- and the petitioner has undertaken to provide proper assistance to the complainant in uploading the requisite documents and papers as required on the Portal. Learned counsel has given helpline number of the Society as well as the process required in return of the matured amount to the depositors. The same is re-produced hereinafter for the purpose of all the general public as follows: –

“Sahara India Cooperative Refund Process

1. Open the Portal: https//mocrefund.crcs.gov.in

2. Click Depositors Registration on Home page of the portal

3. Enter