MP High Court Grants Anticipatory Bail To 'Lucky' Film Producer Over Alleged Violation Of Financing Agreement
The Madhya Pradesh High Court has granted anticipatory bail to the film producer of a recent feature film, "Lucky", in a criminal case arising out of an alleged violation of the film financing agreement.
The bench of Justice Gajendra Singh observed:
"Having considered the rival submissions and looking to overall facts and circumstances of the case, and considering the fact that there is no custodial requirement of the applicant (s) in the investigation and the fact that the applicant is ready to deposit the entire amount, this Court is of the view that it is a fit case to grant anticipatory bail to the applicant, hence, without commenting on the merits of the case, this application is allowed allowed".
The applicant, a Film Producer and partner in M/s Sugar and Spice Production Partnership Firm, approached the High Court seeking anticipatory bail related to a crime registered for criminal breach of trust (Section 406), cheating and dishonesty (Section 420), criminal conspiracy (Section 120B), and acts done in furtherance of common intention (Section 34) of IPC.
Per the applicant, he, along with associates, produced a Hindi feature film, Kola Kola, now known as "Lucky", starring Sunny Leone, Brahmanandan, Sunil Verma and Rahul Dev. For the purpose of completing the said film, the complainant, Sanjay Bindal S/o G.L. Bindal, provided the necessary financial investment of ₹52 Lakhs via an agreement dated September 15, 2019.
The applicant further stated that they had also agreed with Zee Films through an agreement of June 11, 2019. The applicant further stated that the film was completed and had also undergone the necessary censor certification.
Subsequently, the complainant lodged a complaint before the Trial Court, wherein directions were passed to register an FIR against the applicant.
Per the facts of the case, the complainant argued that per clause 7 of their agreement, there was a negative covenant to not release the promo, trailer, poster, or songs in any formal, including print or digital form, worldwide until the final payment to the satisfaction of the complainant was repaid. However, the complaint argued that the song from the film was released through the YouTube channel of Zee Music Company, reportedly violating the agreement.
The counsel for the applicant argued that he was ready to deposit the said amount of ₹52 lakhs. The counsel further contended that the applicant was falsely implicated and that custodial interrogation was not required in the present matter.
The bench, after examining the facts of the case, held that there was no requirement for custodial interrogation and that the applicant was ready to deposit the said amount of ₹52 lakhs. Therefore, the court deemed this a fit case to grant anticipatory bail.
Thus, the bench allowed the application and fixed ₹50,000 as the bond amount in case of arrest.
Case Title: Shreyansh v State of Madhya Pradesh, MCRC-24332-2026
For Applicant: Advocates Ashok Saravgi and Varsha Gupta
For State: Government Advocate Viraj Godha