Allowed

Anand Nirmalkar v. State of Chhattisgarh

Chhattisgarh HC27 Aug 2018MCRCA/788/2018

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed an anticipatory bail application under Section 438 Cr.P.C. The applicant, facing charges of cheating under Section 420 IPC and the Chit Fund Nichepako Ke Hit Ka Sanrakhan Adhiniyam, 2005, sought bail. The court observed that co-accused had been granted bail and granted the applicant a personal bond of Rs. 25,000 with one surety.

What did the court decide?

The anticipatory bail application is allowed. The applicant shall be released on bail upon executing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum.

Anand Nirmalkar Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2018)

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Page No.1

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRCA No. 788 of 2018

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Anand Nirmalkar S/o Badri Prasad Nirmalkar Aged About 38 Years R/o Kalyanpur, P. S. Akaltara, Distt. Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh

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---- Applicant

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Versus

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State Of Chhattisgarh Through The Station House Officer, Police Station Pendra District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh

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---- Respondent

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For Applicant : Mr. Awadh Tripathi, Advocate. For Respondent/State : Mr. Ashish Shukla, Govt. Advocate.

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Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board

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27/08/2018

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The applicant has preferred this bail application under Section 438 of Cr.P.C. apprehending his arrest in connection with Crime No.46/2017 registered at Police Station-Pendra, District – Biaspur(C.G.), for the offence punishable under Section 420 of the Indian Penal Code and 4. 5, 6 Chit Fund Nichepako Ke hito ka Sanrakhan Adhiniyam, 2005.

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Learned counsel for applicant submits that applicant is innocent and has been falsely implicated in this case. Applicant had simply worked as an agent of B.N.G. Global India Ltd. Company. Various investors have made various complaints that is why FIRs are being registered against him. The applicant has been enlarged on regular bail in one of

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Page No.2

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the case and anticipatory bail in another case. As the applicant has been granted bail regular as well as anticipatory in similar matters., hence, it is prayed that he may be enlarged on anticipatory bail.

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Learned State counsel opposes the bail application and the submissions made in this respect.

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Heard the parties and perused the case diary.

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Complainant Shriram Maravi has lodged FIR making allegation that he was induced by one Bechu Ram to make deposit in the fraudulent scheme of the B.N.G. Global India Ltd. Company and has lost his money in the said deposit. The allegation against this applicant is this, that he is the one of the share holder of the said fraudulent company.

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Considered on all the material present in the case diary and the similar placed co-accused persons have been granted regular as well as anticipatory bail. For this reason, I am of this view that this is a fit case where applicant should be released on anticipatory bail .

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Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the officer arresting him on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions :

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(i) that the applicant shall make himself available for interrogation before the investigating officer as and when required;

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(ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with

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Page No.3

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the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer;

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(iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and

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(iv) that the applicant shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.

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Sd/-

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(Rajendra Chandra Singh Samant) Judge

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NIsha

Anand Nirmalkar v. State of Chhattisgarh

Case brief

What is this about?

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Anand Nirmalkar v. State of Chhattisgarh

Case brief

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