Final Order 10

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Bail Application no.948/23
FIR no.28/20: PS EOW
State Vs. Manu Prashant Wig
IN THE COURT OF SH. DEVENDER KUMAR JANGALA,
ADDITIONAL SESSIONS JUDGE-05, NEW DELHI.
Bail Application no. 948/2023
FIR no. 28/2020: PS EOW
Under Section: 409/420/120B IPC
& 3/4/6 of PCMC Act
State Vs. Manu Prashant Wig
13.09.2023
Present: Sh.Mukul Kumar, Ld. Addl. PP for the State.
Sh. K. K. Manan, Ld. Senior Counsel along with Ms. Shivani
Kant, Ms. Uditi Bali, Sh. Rahul Gautam and Sh. Snehashish
Pyne, Ld. Counel for applicant / accused.
Sh. Jitender Singh, Sh. Arvind Kumar and Sh. M. K. Saroja,
Ld. Counsel for complainants Sachin Gupta, Ajit Kumar Jha
and Lakshay Kumar along with such complainants.
IO/ Insp. Chetan Mandia is present in person.
1. This is the anticipatory bail application under Section 439 Cr. PC
moved on behalf of applicant/accused Manu Prashant Wig.
2. Reply to the bail application by investigating officer alread filed.
3. Arguments heard. Record perused.
4. In brief the case of the prosecution is that the above said case vide
FIR No. 28/2020 dated 17.02.2020 U/s 420/406/120B IPC PS EOW was
registered on the complaints of Lakshay Kumar & other victims. Lakshay
Kumar & other victims who have filed complaint against M/s Bluefox,
Motion Pictures Pvt. Ltd. & its Directors namely Manu Prashant Wig,
Harjeet Singh, Pankaj Goyal and Priyesh Kumar Sinha. They have
reported that the accused company M/s Bluefox Motion Pictures Pvt. Ltd.
through its officials / directors had induced the public at large including
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Bail Application no.948/23
FIR no.28/20: PS EOW
State Vs. Manu Prashant Wig
them to invest in its investment schemes assuring exceptionally high
returns on invested amount. The company used to organize luxurious
promotional events all over the country wherein its investment schemes
were being promoted dishonestly & fraudulently inducing the public at
large to invest in their schemes. The applicant/accused Manu Prashant
Wig, Director of M/s Blue Fox Motion Pictures Pvt. Ltd. & other officials
had informed them that the accused company is in the business of making
movies, TV Serials and other entertainment events. The applicant/accused
Manu Prashant Wig and other Directors have told that huge profits are
being earned by the company in the business of film production and
various states are offering incentives, facilities to the film industry to make
films in their states. That the company was operating on the Multi Level
Marketing model.
5. It is further alleged that the complainants on being induced, made
investment with the accused company on the assurance of high returns and
in the similar manners several other victims have also invested in the
schemes of the accused company. It is further alleged that the accused
company initially returned some money but thereafter, the accused /
directors / officials including the present accused / applicant who is one of
the main accused and director of accused company disappeared
abandoning the company office after collecting money from the general
public at large. Thereafter, around 200 victims / complainants have filed
their complaints at the office of EOW against the said company and its
Director as well as officials concerned.
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Bail Application no.948/23
FIR no.28/20: PS EOW
State Vs. Manu Prashant Wig
6. In the present bail application it is conteded that the applicant /
accused is one of the Director of the M/s Blue Fox Motion Pictures Pvt.
Ltd. which had produced 12 movies and 4 pending movies produced but
same could not be completed due to Covid-19. That the applicant / accused
was arrested without serving any notice U/s 41(A) CrPC from his home on
08.04.2022 contrary to the guideline laid down by the Hon'ble Supreme
Court in Arnesh Kumar's case. That as per the FIR only 12 complaints
have approached and the alleged invested amount was Rs. 13,19,000/-,
hence the applicant / accused was released on interim bail to settle the
existing complaint but more names of the investors were added arbitrarily.
That applicant has already made the payment of Rs. 10,00,000/- through
counsel for the complainant towards settlement. That the applicant has
filed a quashing petition before Hon'ble High Court of Delhi U/s 482 CrPC
and he was granted interim protection from arrest on 10.01.2023. That the
applicant was granted interim protection by the Ld. Sessions Court also.
That the applicant was arrested on 24.02.2023 and has first bail application
was dismissed on 26.04.2023.
7. It is contended by the Ld. Counsel for the accused that investigation
is complete and charge sheet has been filed and nothing is to be recovered
from the applicant / accused. That in the entire charge sheet there is no
evidence to prove intention to cheat. That as per the charge sheet the
complainant and the other alleged persons had handed over more than Rs.
3.5 crores in cash to third parties but the IO has not taken any steps to find
out whether they have deposited any money in company's account or not.
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Bail Application no.948/23
FIR no.28/20: PS EOW
State Vs. Manu Prashant Wig
That IO has alrady seized amount of Rs. 3.7 crores from the account of
PVR, Sohail Khan Production and Ors. That list of investors mentioned in
the charge sheet is without proper details of the account. That applicant is
not at flight risk because he comes from respectable family and has been
deep roots in the society. That the applicant has already been granted
interim bail by the Hon'ble High Court of Delhi in the similar case FIR of
PS Sabji Mandi vide order dated 01.09.2022. That, on the ground of parity
also the applicant / accused is entitled for grant of bail.
8. On the other hand bail application is strongly opposed by Ld. Addl.
PP for the state and Ld. counsel for the complainant. It is argued that the
applicant/accused has played active role in the conspiracy.
9. I have considered the submissions made on behalf of parties
and Ld. Addl. PP for the state and perused the record.
10. The applicant / accused is seeking bail U/s 439 CrPC on the
ground of parity that co-accused Priyesh Sinha has been granted bail by the
Hon'ble High Court vide order dated 01.09.2023.
11. The perusal of the record reveals that the applicant / accused
has been granted interim bail with his assurance to settle the dispute and
make payment to the complainant/ victims, but after obtaining the bail he
has failed to make payment to the complainants / victims. The applicant /
accused has slipped from the court of Ld. CMM on the date of completion
of his interim bail. Thereafter, Ld. CMM was constrained to issue NBW
vide order dated 31.07.2022. The applicant had approached the Sessions
Court and again obtained interim protection on the ground of entering into
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FIR no.28/20: PS EOW
State Vs. Manu Prashant Wig
settlement but has failed to comply and his revision petition was dismissed.
Thereafter, applicant / accused again approached Hon'ble High Court Delhi
and vide order dated 11.10.2022 was granted the protection from arrest on
his proposal of the settlement. However, vide order dated 11.11.2022 the
interim protection was withdrawn by the Hon'ble High Court of Delhi and
his petition was dismissed. The applicant / accused despite end of his
interim bail and dismissal of his petition from the Session Court and the
Hon'ble High Court has failed to surrender. The applicant / accused has
been arrested by the investigating agency only on 24.02.2023. It is clear
that the applicant / accused has avoided the process of law and has failed to
surrender before the courts after completion of his interim bail, therefore,
in view of the above, the applicant / accused is not entitled for grant of
bail on the ground of parity with co-accused Priyesh Sinha.
12. In the present case, more than 200 victims have been cheated
by running a Multi Level Marketing schemes / Ponzy schemes. The
applicant / accused has played the active role in commission of the alleged
offence and he is the main beneficiary in the present case. The applicant /
accused was handling the affairs of company and managing the funds. The
applicant / accused has received funds by rotating the same even in his
personal account. The filing of chargeshee is not a valid ground rather it
has strengthen the case against applicant/accused.
13. It is also contended by the Ld. Counsel for the applicant /
accused that the applicant has been arrested contrary to judgement of
Hob`ble Supreme Court without serving notice U/s 41 (A) CrPC, however,
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Bail Application no.948/23
FIR no.28/20: PS EOW
State Vs. Manu Prashant Wig
this contention raised on behalf of the accused is not tenable in the eyes of
law because the accused is alleged to have committed the offence U/s 409
IPC. Section 409 IPC carries punishment up to life imprisonment or
imprisonment for a term which may extend to 10 years and shall also be
liable to fine.
14. In view of the above discussion and considering the fact that a
large number of public persons have been cheated by the applicant /
accused, the applicant / accused being the main accused and beneficiary of
the cheated amount, he is not entitled for bail U/s 439 CrPC. Accordingly
bail application moved on behalf of the applicant/accused Manu Prashant
Wig is dismissed.
15. Nothing expressed herein above shall tantamount to an expression of
opinion on the merit of case.
16. Copy of this order be given dasti to Ld. Counsel for
applicant/accused and in compliance of Sanjay Singh Vs. State (Govt. of
NCT of Delhi), Writ Petition Criminal no. 974/22, copy of this order be
also sent to the concerned Jail Superintendent to convey the order to the
inmates.
(Devender Kumar Jangala)
ASJ-05, New Delhi District
Patiala House Courts, New Delhi
13.09.2023.
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