ATUL JAIN Vs. STATE

JUDGEMENT

(1.) Vide this order I shall dispose of a bail application filed u/s. 439 CrPC by the petitioner Atul Jain in FIR No. 584/2017 u/s. 419/420/467/468/471/120-B IPC, P.S. Bhajanpura.

(2.) Ld. Counsel for the petitioner has prayed for bail on the ground that petitioner is innocent and has been falsely implicated. It is submitted that FIR was registered on a complaint filed by one Smt. Manju Pandey who alleged that she was contacted on phone by one lady by the name of Monika and discussed about insurance policies of complainant. Complainant informed her that her policies had been damaged due to spilling of water. She told the complainant that complainant was entitled for Rs.52 Lacs. Thereafter, one Rahul Sharma, Dhan Sukhpal, Dushyant Pratap and Ravikant also talked to complainant. It is alleged that these person obtained around Rs. 28 Lacs from her in a span of 3-4 years which complainant had paid in different accounts. During the investigation the petitioner was arrested on 17.01.2018 and after completion of the investigation the chargesheet was filed.

(3.) Ld. Counsel for the petitioner submitted that petitioner does not have even any remote connection with the offences as alleged by the prosecution and in entire chargesheet the prosecution failed to establish the connection of the petitioner with the offences as alleged. He further submitted that petitioner is young person and investigation has already been completed, hence no fruitful purpose will be served by keeping him in JC. Petitioner undertakes not to influence the prosecution evidence and will not misuse the concession of bail in any manner. The petitioner had moved an application u/s 439 CrPC seeking regular bail before the Ld. Trial Court. However the said application of the petitioner was dismissed by the Ld. Trial Court vide order dated 18.07.2019. The co-accused persons namely Ritu and Ravikant have already been enlarged on bail by the Ld. Trial Court vide orders dated 20.01.2018 & 22.06.2019 respectively. It is therefore, prayed petitioner be granted bail, in the interested of justice.