My brother and 4 of his friends were paid around 45 lacs by an investor for business deal, for which there is no contract signed. The business scheme did not work out and the investor (complaintant) complained to police that the 5 of them have cheated him intensionally and he wants his money back. Now that my brother and his friends have already invested this amount to their business, it went in loss and they were left with only 15 lacs.
Police registered complaing under 420 / 406 and they nabbed my brother and my brother gave 5lacs that was left with him. 4 of his other friends went absconded hearing this news with the balance amount, fearing that what would happen to them.
Now, we applied for bail with city magistrate and the judge rejected the bail stating that amount is huge, and he need to detained untill othesr are caught and that he will tamper investigation. We moved to sessions court and it was rejected too.
Now we plan to move the bail to the high court.
Kindly help me to understand the following:
1) He has already given back to police 5 lacs and helped the investigation, they made him accused 5. He was detained in police custody for 7 days and then sent to judicial custody stating he is no more required for further investigation. Hence, why does the court does not grant him bail?
2) The complaintant does not have any agreement signed nor a proof that he have drawn the money from bank. No evidence is provided in front of the honorable court. Hence it is sure that complaintant have given black money. In this case, how can police register a complaint when the source of the fund is illegal?, same time, why does not the court grand bail on this ground?
Kindly suggest the points to be raised for next level court.