P.C. Verma, J.@mdashHeard Sri Rakesh Dwivedi and V.B.S. Negi learned Senior Advocate for applicant as well as Sri U.K. Uniyal learned, Government Advocate.
2. According to Learned Counsel for the applicant, arrests of other Directors of the Company have been stayed in various petitions filed at Lucknow. The applicant has been alleged to be Proprietor and that is why he has been implicated for the offences under Sections 420, 406 and 471 Indian Penal Code. On merits if the matter is scrutinized, the applicant by all norms will get acquitted.
3. On the other hand, the learned Government Advocate submitted that the offences are serious in nature. The applicant induced the people and the Company has usurped the money of the public. Therefore, clear cut offences are made out to attract the provisions of Sections 420, 406 and 471 Indian Penal Code.
4. Material on record reveals that the applicant did motivate the public to invest with the company. But there is nothing on record to show that the applicant conspired with the Proprietor, Managing Director and Director of the Company in siphoning out the money of the Company and thereby committed offence for which he has been accused.
5. Learned Counsel for the applicant further submits that the applicant has not abused the short term bail and he is reputed citizen and a reputed cricketer. Prima facie he has no intention to induce the people. However, these questions shall be decided in trial.
6. Considering the facts and circumstances, applicant Manoj Kumar is released on bail in case crime No. 237 of 2000, under Sections 420, 406 and 471 Indian Penal Code.P. S. Bhowali, District Nainital and in case crime No. 253 of 2000, under Sections 420, 406 and 471 Indian Penal Code P.S. Haldwani, District Nainital on his furnishing a personal bond with adequate sureties in each case to the satisfaction of C.J.M. Nainital.
7. However, it is made clear that the. bail of the applicant shall automatically be cancelled in case the Managing Director and Director of the company is arrested in case crime No. 237 of 2000 of P.S. Bhowali (District Nainital) and case crime No. 253 of 2000 of P.S. Haldwani (District Nainital).
