The main legal point established in the judgment is the consideration of parity with other accused persons granted bail by the Supreme Court in similar cases, and the interpretation of the legal provisions related to financial schemes and criminal offenses.

JUDGMENT

1. The present application is preferred under Section 439 of the Criminal Procedure Code, 1973 in connection with EOW Bhubaneswar P.S. Case No.17 of 2019 corresponding to C.T. Case No.8 of 2019, pending in the court of the learned Presiding Officer, Designated Court under the O.P.I.D. Act, Cuttack, for alleged offences under Sections 406, 420, 467, 468, 471, 120-B of the Indian Penal Code along with Sections 4, 5, and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 read with Section 6 of the Odisha Protection of Interests of Depositors (in Financial Establishment) Act, 2011.

2. The succinct facts of the case are that Q Net Limited is a Company incorporated for more than 17 years in Hong Kong and it is operating in more than 150 countries. It deals in as many as 80 products, including education, holiday packages, personal care, nutrition, cosmetics, home care etc. It allegedly has six million customers worldwide and about 3 lakh members in India. It's Indian subsidiary is Vihaan Direct Selling India Pvt. Ltd. (hereinafter referred to as the 'Company'). The Products marketed by the Company are subjected to stringent quality checks and have 30 days' return policy. A customer willing to supplement his income has the option of enrolling as an 'independent representative'. Both the Petitioner herein and the informant were enrolled as such independent representatives.

3. The said Company has a Refund Policy which prescribes that if there is a customer/Independent Representative, that has purchased a product and if he/she is not satisfied with the product, he is free to return the product within 30 days from the date of purchase of the goods. In addition, each and every registered Independent Representative is free to opt out or cancel his registration within thirty days from registration, in case he feels that he is unable to commit his time towards the business.

4. The relationship between an Independent Representative and the Company is wholly governed by the registration form and declaration form signed by the Independent Representative and is binding on both the Company as well as the Independent Representative. The products were offered for sale by the Company through it's web portal www.qnetindia.in and payments are accepted only through electronic mode. On receipt of payment, the Company raises a purchase order to one Transview and procures the product from it. On receipt of purchase order, the said Transview then supplies the products to the Company which in turn delivers to the customers at the delivery address provided by the customers at the time of purchase. On receipt of a product, if the customer is not satisfied with the product, then he is entitled to return the said product to the Company by raising a request for exchange within seven days from receipt of the product. The customer is also entitled to raise a request for refund of money within a period of thirty days from receipt of product. On the conclusion of a sale, the commission from the sale is credited to the account of the Independent Representative. The commission is arrived at through algorithmic calculations and paid out to the Independent Representative after TDS deductions. The compensation plan is part and parcel of the Policy and Procedure of the Company which is available on the website.

5. The independent representatives before their enrolment as independent representatives, are allegedly required to sign a declaration which provides for as follows:

"I acknowledge that QNET's business is not a 'get-rich-quick scheme' and there is no guarantee or promise that an Independent Representative (including me) will make a certain level of income. Such things will differ to each individual since there is a strong connection to a person's personal efforts, diligence, dedication, motivation and personal skills.

I have purchased a product/service of QNET for my personal usage and not for resale. Purchasing this product does not guarantee