ARVIND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the second repeat bail application under Section 439 of Cr.P.C on behalf of the applicant - Arvind s/o Shriram Dehriya. His first application was dismissed as withdrawn by order dated 16.10.2019 passed in M.Cr.C. No. 36971/2019. The applicant is in jail since 02.08.2019 in connection with Crime No.26/2019 registered at Police Station Juni District Indore for the offence punishable under Sections 379, 408, 406 and 120(B) of IPC.

(2.) As per prosecution story, applicant alongwith the co-accused Sanjay Kalra has cheated the complainant by mortgaging number of transport vehicles with third persons, though leased out to the complainant to his grave prejudice causing him huge financial losses. There was no privity between the complainant and third persons tantamounting to breach of trust, misappropriation and theft. Accordingly, the case has been registered against the applicant.

(3.) Learned counsel for the applicant contends that applicant is innocent and has been falsely implicated in this case. In fact, company was run by the complainant and co-accused Sanjay for renting out transport vehicles leased to the company by owners of the vehicles. The applicant was only an employee of the company. As the actual dispute was between the complainant and the co-accused Sanjay, the allegation of mortgaging almost 19 vehicles is against the co-accused Sanjay Kalra. Therefore, the financial loss , if any suffered by the complainant is only on account of Sanjay. Investigation is complete and challan has been filed. He further submits that applicant suffered incarceration in jail for about four months therefore, no further custodial interrogation is required. He is the sole bread earner of the family and the family is on the verge of starvation. Under such circumstances, the applicant deserves to be enlarged on bail.