NARENDRA DUBEY Vs. STATE OF M.P.

JUDGEMENT

(1.) Perused case diary and material on record. This is the second bail application filed by applicant Narendra Dubey under Section 439 of the Cr.P.C. for grant of bail in Crime No.103/17 registered at Police Station Padav Gwalior against him and co-accused persons for the offences punishable under Sections 420 , 506 and 120-B of the IPC.

(2.) According to the prosecution, on 6.6.2016 complainant Bhanupratap Singh lodged the written FIR stating that the applicant and co-accused persons namely Jagpal Singh, Pushpendra, mother of co-accused Jagpal Singh, Sammi Khan and Rohit have assured him and Ankur Tomar, Shubham Upadhyay, Rahul Jadon and Arvind Singh Tomar that they would get them jobs in the State Bank of India on the condition of giving each of them Rs.4,50,000/- (four lacs and fifty thousand) per person. Thereupon, someday in January 2014 they paid them a total of Rs.27 (twenty seven) Lacs at the rate of Rs.4,50,000/- for each person in Chandrolok Hotel near railway station Gwalior. Thereafter, the applicant and the co-accused persons used to assure them to provide them jobs as and when vacancies would arise in the State Bank of India. More than two years had elapsed, the applicant and the co-accused neither provided them jobs nor returned their money. Whenever they asked them to return their money, they give life threats. Thus, the applicant and the co-accused persons have cheated him and the aforesaid persons a total of Rs.27 Lacs.

(3.) Learned counsel for the applicant submits that the applicant has been in custody in the case since 11.10.2017. He submits that the applicant's first bail application under Section 439 Cr.P.C. was withdrawn with a liberty to revive the prayer for bail under Section 439 Cr.P.C. after the challan being filed. He submits that the police filed a charge sheet only against the applicant in the court of Chief Judicial Magistrate Gwalior on 8.12.2017, declaring all the co-accused persons absconding. He submits that the applicant is falsely implicated in the case. He submits that the applicant is the younger brother of co-accused Pushpendra. He submits that it has come in the prosecution evidence that during the alleged crime the applicant had been with his brother/co- accused Pushpendra. He submits that it has come in the prosecution evidence that only Rs.3 Lacs had come in the share of the applicant out of the total amount of Rs.27 Lacs. He submits that the applicant is ready to deposit the said amount at the time of furnishing bail-bonds under protest. He submits that looking to the nature of offences in which the charge sheet has been filed against the applicant the case is triable by the Court of Judicial Magistrate First Class. He submits that since all the co-accused persons have been absconding, therefore, trial will take long time to conclude. He submits that this is the first ever criminal case registered against the applicant and that he has no criminal antecedents. He submits that the applicant is a permanent resident of Bhopal district. Upon these submissions, he prays for grant of bail to the applicant.