Allowed

Banwarilal Kushwaha v. State of Chhattisgarh

Chhattisgarh HC8 Dec 2022MCRC/9387/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a regular bail application filed by Banwarilal Kushwaha under Section 439 Cr.P.C. in a case involving cheating and money circulation offences. The court considered the applicant's long detention and prior discharge order from the charge under the Depositors Interest Act as relevant factors. Bail was granted with a bond of Rs. 25,000 and surety.

What did the court decide?

Regular bail granted on bond of Rs. 25,000 with one local surety in like sum.

Banwarilal Kushwaha Vs State of Chhattisgarh — Money Laundering | Chhattisgarh HC (2022)

¶1

-1-

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

MCRC No. 9387 of 2022

¶5

Banwarilal Kushwaha S/o Madhav Sing Kushwaha Aged About 39 Years R/o Sakin Jamalpur, Thana - Kaulari, District - Dhaulpur, Rajasthan

¶6

---- Applicant

¶7

Versus

¶8

State Of Chhattisgarh Through Police Station - Suhela, District - Balodabazar - Bhatapara, Chhattisgarh

¶9

---- Respondent

¶10

For Applicant	:	Mr. Sharad Prasad Yadav, Advocate with
		Mr. Nitin Yadav, Advocate
For State	:	Ms. Hamida Siddiqui, Dy. A.G.

¶11

S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board

¶12

08/12/2022

¶13

Heard.

¶14

Applicant has filed this application under Section 439 of Cr.P.C. for grant of regular bail as he been arrested in connection with Crime No.69/2018 registered at Police Station- Suhela, DistrictBalodabazar-Bhatapara (CG) for the offence punishable under Section 420 of IPC, Sections 3, 4 and 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Section 10 of Chhattisgarh Protection of Depositors Interest Act, 2005.

¶15

This is the second bail application of the applicant.

¶16

Case of prosecution, in brief, is that one Santram Sahu has

¶17

-2-

¶18

lodged report stating that he made investment of Rs.5 lakh and other amount with the Chit Fund Company namely Garima Real State and Allied Ltd. and Garima Homes and Farm Houses Ltd. on the assurance given to him that amount deposited by him will be doubled within five years. Amount was deposited in the year 2003. After completion of five years, when he reached to office of the said Company, he found that the Company was closed. Based on report, FIR was registered on 15.03.2018. Applicant was arrested on 14.12.2019 during course of investigation.

¶19

Learned counsel for applicant would submit that applicant, prior to registration of FIR, is in jail at Bharatpur in connection with some other crime. Applicant has not induced or cheated any person. Allegation levelled against the applicant is false. He also submits that though his name was mentioned in the document as one of the Director of the Company, but, due to his detention in jail, he could not able to submit return and, therefore, his name was automatically removed from the Director of the said Company. He contended that the applicant was discharged from the charge levelled under Section 10 of Chhattisgarh Protection of Depositors Interest Act, 2005 by the competent Court. Applicant is in jail since last about three years and hence, he may be enlarged on regular bail.

¶20

Learned counsel for the State opposes the submission of learned counsel for the applicant and would submit that applicant is one of the Director in the Company who has

¶21

-3-

¶22

committed cheating to the tune of more than Rs. 1 crores. Applicant is a resident of another State, hence, the applicant is not entitled for grant of bail.

¶23

I have heard learned counsel for the parties.

¶24

Taking into consideration the facts and circumstances of the case nature of allegation, submission of learned counsel for the applicant that the applicant was discharged from the charge under Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005 by the competent Court, period of detention since 14.12.2019, without commenting anything on merits of the case, I am inclined to allow the bail application.

¶25

Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail on his furnishing a bail bond in the sum of Rs.25,000/- with one local surety in the like sum to the satisfaction of the Court on the conditions that:-

¶26

a) Applicant shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

¶27

b) Applicant shall not, in any manner, tamper with the prosecution witnesses.

¶28

c) If the applicant is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail.

¶29

Certified copy as per rules.

¶30

Sd/---/---/-/---/-/-

¶31

(Parth Prateem Sahu) Judge

¶32

Praveen

Banwarilal Kushwaha v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Banwarilal Kushwaha v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Paritosh Kumar Singh Alias Diwakar Choudhary Vs Senior Intelligence Officer

Smt. Suryakanta Yadav Vs Sunil Jain

Smt. Premin Dhivar Vs State of Chhattisgarh

Itwaru Ram Netam Vs Union of India

Bintu Ram Netam Vs Union of India

Mohan Negi Vs State of Chhattisgarh