SATISH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the second repeat bail application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant. His first application was dismissed as withdrawn on 23/09/2019 in Mis. Cr. Case No.36896/2019. The applicant is in custody since 22/04/2019 in connection with crime No.294/2019 registered at Police Station Rajenda Nagar District Indore for the offence punishable under sections 419 , 420 , 467 , 468 , 471 , 466 , 120B , 473 , 474 and 34 IPC.

(2.) As per prosecution case, the main accused Devendra had created a self-styled organization styling it to be income tax department; investigation wing and employed various persons styling themselves as income tax officers and on various other posts, like driver etc., Such employees were also required to undergo a training to act as a member of investigation team. With such preparation, the main accused Devendra and his associates like the applicant were all set to embark upon raids of business establishments or homes of various persons, thereby they tried not only to misrepresent and played fraud but also squeezed or demanded handsome money from various persons. However, their activities were intercepted before they could be successful in their fraudulent attempt impersonating themselves as income tax officers / investigating team of the income tax department. Accordingly, the case has been registered.

(3.) Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime. The main accused is Devendra who had nefarious design in his mind to commit fraud with individuals employed like the applicant. The applicant was not aware of such activities of Devendra. In fact, the applicant was not indulged into such activities as were planned by Devendra. The applicant have no criminal antecedents. The investigation is complete and challan has been filed. Therefore, the applicant is not required for custodial interrogation. The applicant has suffered jail incarceration since 22/04/2019. The applicant was appointed as driver. In fact, the applicant was promised to pay Rs.10,000/- or so as monthly salary only. However, the said salary has also not been paid by Devendra. The applicant is sole bread earner in the family and the family is on the verge of starvation due to the jail incarceration. His further incarceration shall jeopardize life of the family members. The co-accused, Durgesh has been enlarged on bail by this Court vide order dated 18/06/2020 in Mis. Cr. Case No.7320/2020 and the case the case of present applicnt is on better footing. Due to Covid-19, the Court proceedings are paralyzed and regular proceedings are not taking place as a result there is possibility of undue and prolonged delay of trial in the obtaining facts and circumstances cannot be ruled out. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.