LAWS(MPH)-2020-7-266

DIVESH KUMAR Vs. STATE OF M.P.)

Decided On July 09, 2020
Divesh Kumar Appellant
V/S
State of M.P.) Respondents

JUDGEMENT

(1.) Heard through video conferencing.

(2.) This is third bail application under Section 439 of the Criminal Procedure Code, 1973. The first bail application was dismissed was as withdrawn on 5.1.2018 vide M.Cr.C.No.26797/2017. Thereafter, the second bail application was dismissed vide M.Cr.C.No.23964/2018 on 6.7.2018 by a detailed order. The applicant is in jail since 10.9.2016 in connection with Crime No.604/2016 registered at P.S., Kotwali, Mandsaur, District Mandsaur, for offence punishable under Sections 420 , 405 of IPC and under Section 6 of M.P.Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000.

(3.) As per prosecution story, the company known as G.N.Dairies Limited allegedly incorporated under the Companies Act engaged in the financial business accepting deposits from the public at large and assuring them fanciful returns. Attractive schemes were floated in the public domain inviting investments with assurance of handsome returns with exorbitant rate of interest. Thousands of innocent citizens were attracted to the schemes of the said company; as such invested money which as per allegations in the FIR is almost Rs.8.00 crores. However, to their ill-luck, none of the investors were paid back money with the promised interest. Accordingly, FIR was lodged against the company, its Directors, employees including the present applicant who is a Chartered Accountant of the company and on Board of Directors of Company at the relevant time.