IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL th ON THE 5 OF SEPTEMBER, 2023 MISC. CRIMINAL CASE No. 35609 of 2023 BETWEEN:-

BABULAL KUMAWAT S/O SHRI MOHANLAL KUMAWAT, AGED ABOUT 36 YEARS, OCCUPATION: SELF EMPLOYED R/O 14 GULAB VIHAR NEAR KESAR INTERNATION SANGNER DISTT. JAIPUR (RAJASTHAN)

.....APPLICANT (BY SHRI SANKALP KOCHAR - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THORUGH P.S.

ICHHAWAR DISTRICT SEHORE (MADHYA PRADESH)

.....RESPONDENT (BY SHRI PRADEEP GUPTA - GOVERNMENT ADVOCATE)

This application coming on for admission this day, the court passed the following:

ORDER

This is first application filed by the applicant under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail relating to FIR No.215/2016 dated 02.07.2016, registered at Police Station - Icchawar, District Sehore (M.P.) for the offence punishable under Section 406, 409, 420, 465, 467, 468, 471 of IPC, under Sections 3, 4, 5 and 6(1) of the Chit Fund Act, 1982 and also under Section 6 of Nikashepakon Ke Hiton Ke Sanrakshan Adhiniyam, 2000. Applicant apprehending his arrest in the aforesaid offence has knocked the portal of this Court for grant of anticipatory bail.

2. As per prosecution case, co-accused Jyoti Sharma along with Signature Not Verified applicants and other co-accused persons with an intend to cheat the people, marketed and promoted the scheme of M/s Care Concepts Private Limited and M/s Eve Miracle and Jewels Private Limited for investment from the general public including complainant-Balram Sen and other complainants.

3. Learned counsel for the applicant submits that FIR bearing Crime No.13/2013 has already been registered against the other co-accused persons at Police Station, STF, Bhopal for the same set of facts and in the same alleged offences. He was not made an accused in that case. In this case, Mahesh Kumar Ojha and Mukesh Kumar Berwa and others have already been enlarged on anticipatory bail vide order dated 25.06.2015 passed in M.Cr.C. No. 8962/2015 and order dated 11.03.2015 passed in M.Cr.C. No.20763/2014 and learned trial Court has granted regular bail to Hemant Sharma and Sandeep Tikkibal vide order dated 12.12.2014. It is submitted that the applicant has been falsely implicated in this case. It is submitted that co-accused Jyoti Sharma in the instant case has already been granted the benefit of anticipatory bail vide order dated 22.09.2021 passed in M.Cr.C.No.20764 of 2021. Therefore, it is prayed that applicant be released on anticipatory bail on the ground of parity.

4. On the other hand, learned counsel for the State has opposed the prayer for grant of anticipatory bail to the applicant and has fairly conceded that facts of these cases and the facts of the case bearing Crime No.13/2013 registered at Police Station, STF, Bhopal are based on same set of facts in which statement of complainant and other witnesses were also recorded under Section 161 of Cr.P.C. and in that case applicant was not made an accused.

5. Having considered the rival submissions and the material pointed out Signature Not Verified by the learned counsel for the applicant, also considering that it has already been conceded by learned counsel for the respondent/State that the facts of this case and the facts of case bearing Crime No.13/2013 registered at Police Station, STF, Bhopal are the same and co-accused have already been released on anticipatory bail in the aforesaid crime vide order dated 25/02/2015 passed by this Court in M.Cr.C. No.512/2015(Jyoti Sharma vs. State of M.P., vide order dated 25.06.2015 passed in M.Cr.C.No.8962/2015 (Mahesh Kumar Ojha vs. State of M.P.), learned trial Court has granted regular bail to Hemant Sharma and Sandeep Tikkibal vide order dated 12.12.2014, order dated 22.09.2021 passed in M.Cr.C.No.20764 of 2021(Jyoti Sharma vs. State of M.P.) and order dated 11.03.2015 passed in M.Cr.C. No.20763/2014 (Mukesh Kumar Berwa vs. State of M.P.), without expressing any opini