ORDER

This second bail application has been filed by applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.57/2020 registered at Police Station Kotwali Distt. Ashoknagar (M.P.) for the offence punishable under Sections 420 and 409 of IPC. First application was dismissed as withdrawn by this Court vide order dated 09.11.2023 passed in MCRC No.47749/2023. A s per the case of prosecution, Ankit Chawda submitted a written complaint with SHO Ashoknagar dated 13.08.2019 inter alia alleging that he was allured and misrepresented to take franchise of Newlook Multitrade Private Ltd., Surat, Gujarat. He was asked to deposit Rs. 30 lacs for franchise of the company and assured interest on the deposited amount @ 1.5% per month. State Head of the company Jitendra Kaurav (applicant) executed agreement of franchise on behalf of the Newlook Multitrade Private Ltd. He issued cheque of Rs.30 lakh in favour of Newlook Multitrade Private Ltd. on 14.07.2012. He was introduced to Gopal Mohan Singh Sekhawat (Ex-Chairman of the Company) and Salim Khan. He proposed to open store of the Company at Ashoknagar. The Ashoknagar Branch of Newlook Multitrade Private Ltd. allured around 10 thousand persons to invest in the Company and had taken Rs.5,500/- per head as membership. On suspicion, he contacted the office bearers of the Company, but they gave no response. He has suffered loss of Rs.30 lakh due to cheating and misappropriation. The matter was enquired by Sub-Divisional Officer, Police Ashoknagar. On the basis of enquiry, PS- Kotwali, Ashoknagar registered FIR at Crime No.57/2020 for offence punishable under Sections 420 and 409 of IPC against Gopal Mohan Singh Sekhawat, Jitendra Kaurav (applicant), Saleem Khan and Sanjeev Sangya. Statement of witnesses were recorded. Applicant was arrested on 14.09.2023. He is in custody ever since. On completion of investigation, Final Report was submitted on 05.12.2023. Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant himself is a victim of forgery and cheating by the Chairman and Directors of Newlook Multitrade Private Limited, Surat, Gujarat. He was salaried employee of the Company. He was given appointment on 19.07.2010 as State Manager of the Company at a salary of Rs.20,000/- per month. He resigned from aforesaid Company on 01.02.2015. He was not aware of the malicious intention of the Chairman and Directors of the Company. He executed the agreement for franchise on behalf of the Company as directed to him by the Chairman. He has not received any money except his salary. All the payments were deposited into account of the Company directly. He has not availed any benefit of the transactions. No money trail or incriminating transaction is alleged against the applicant. Learned counsel further submits that the applicant is a retired mechanic from Indian Navy. He was temporarily working with aforesaid Company for five years, thereafter, he is residing at Gadarbada, District Narsinghpur and surviving on pension and agriculture. He has a family to look after. No criminal antecedent is reported against the applicant. He has already undergone custody of four months. There is no likelihood of his absconsion leaving his family, home and agricultural land.

Applicant is sole bread earner of the family. The jail incarceration is causing hardship to the family of applicant. No further custodial interrogation is needed as Final Report has already been submitted. The trial would take time to complete. Therefore, the applicant may also be extended the benefit of bail. Per contra, learned counsel for the respondent/State ably assisted by learned counsel for the objector opposes the bail application and submits that applicant was State Head on the aforesaid Company at relevant time, therefore, he was under obligation to repay the investors. The Chairman and other Officers of the Company are still ab