High Court granted regular bail to the applicant charged with cheating and money-laundering offences. The Court allowed the bond of Rs. 2,00,000 with one surety, noting the applicant had been in custody since May 2019 and similar cases resulted in bail.
Regular bail granted with a personal bond of Rs. 2,00,000 and one local surety for the like sum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Hon’ble Smt. Justice Rajani Dubey
Order On Board
12/11/2021
The applicant has filed this second bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 146/2019 registered at police station New Rajendra Nagar, district Raipur(CG) for the offence punishable under Sections 420, 409 and 120/34 IPC; Section 3 and 4 of the Prize, Chits and Money Sicrulation (Banning) Act and Section 10 of Chhattisgarh Protection of Depositors Interest Act, 2005.
The first bail application filed by the applicant was dismissed as withdrawn vide order dated 08.12.2020 in M.Cr.C. No. 4409/2020 along with the connected cases.
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As per prosecution case, report was lodged by the complainant alleging that his sister and brother in law were cheated to invest in a marketing company named share Mart Vision and in the said company, people were asked to invest 50% of the total share and franchiesee was given to them after investment of the amount of Rs. 30,00,000/-. It is further alleged that a return amount of Rs. 1,50,000/- will be given to each of the perosn who has got the franchisee. It is the case of prosecution that after investing the amount, no return was paid to the investors and thus the applicant has defrauded them.
Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that in similar two cases, the applicant has been granted bail by this Court vide order dated 22.06.2021 in M.Cr.C. No. 1606/2021 and order dated 27.08.2021 in M.Cr.C. No. 5121/2021 and therefore he may be granted the benefit in the present case. He submits that the applicant is in jail since 13.05.2019; the charge sheet has been filed and looking to the conduct of the prosecution, it is clear that the trial will take time for its conclusion, therefore he may be released on bail.
On the other hand counsel for the State opposes the bail application.
Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant and that in other similar two cases he has been granted bail, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed.
It is directed that in the event of the applicant’s furnishing a
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personal bond in the sum of Rs. 2,00,000/- with one local surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.
Sd/-
(Rajani Dubey)
Judge
suguna
2 issues framed by the court
Whether regular bail should be granted to the applicant who is in custody in connection with the cheque-bounce and money-scrutiny offences after he was falsely implicated.
Whether the previous grant of bail in similar cases and the duration of detention justify release on regular bail.
3 provisions across 3 enactments
Rajesh Mishra
State Of Chhattisgarh
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
