The High Court of Chhattisgarh granted bail to two accused persons facing charges under IPC and state acts for cheating and money circulation offenses.
Accused released on bail on furnishing personal bond of Rs.1,00,000/- with two sureties each for 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.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 1310 of 2023
Versus
CAUSE TITLE TAKEN FROM CIS PERIPHERY
----------------------------------------------------------------------------------------------For Applicant : Mr. Parag Kotecha, Adv. For Respondent/State : Mr. Gurudev I. Sharan, GA.
Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board
19.06.2023
This application under Section 439 Cr.P.C. for grant of bail has been filed by the accused/applicants who are languishing in jail since 01.10.2021 in connection with Crime No.333/2015 registered at Police Station Kanker, District U.B. Kanker for the offence punishable under Sections 406, 420 & 34 of IPC; Sections 3, 4 & 5 of the Prize Chits And Money Circulation Schemes (Banning) Act; Section 6 & 10 of CG Nikshepakon Ke Hito Ka Sanraksham Adhiniyam, 2005.
2 Prosecution case, in short, is that co-accused Tilak Markam has induced the complainant to invest money in the network marketing company and promised to get double money within 5 years. Thereafter, the complainant invested Rs.24 Lacs in the said Company. However, the accused did not return the money as promised and cheated the complainant. During investigation, it has been found that present applicants are Director of the said Company and they are
involved in the aforesaid crime, therefore, they have been arrested.
3. Learned counsel for the applicants submits that the accused/applicants are innocent and have been roped in a false case. He further submits that there is no direct evidence against the applicants. The applicants are behind the bar since 01.10.2021 and since then one and a half year has been elapsed and final conclusion of the trial is likely to take some more time therefore, the applicants may be released on bail. He also submits that the applicants would abide all terms and conditions imposed on them while granting bail.
4. Per contra, learned State counsel opposes the bail application. However, learned State counsel submits that as per case diary, applicants have no criminal record.
5. Having considered the submission of counsel for the parties and considering the facts and circumstances of the case, further considering nature of accusation, particularly, considering that applicants are in custody since 01.10.2021 and conclusion of the trial is likely to take some more time, I deem it appropriate to release the applicants on bail.
6. Accordingly, the application is allowed and it is directed that on each applicant furnishing a personal bond in the sum of Rs.1,00,000/- (One Lac) with two sureties each for the like sum to the satisfaction of the concerned Court, they shall be released on bail on the following conditions:-
(a) they shall not act in any manner which will be prejudicial to fair and expeditious trial,
(b) they shall appear before the trial Court on each and every date given to them im by the said Court till disposal of case,
(c) they shall not involve themselves in any offence of similar nature in future.
(d) they shall furnish details of immovable property held by them and their dependent family members and shall not alienate any immovable property without prior written permission of the trial Court.
Sd/-
(Deepak Kumar Tiwari) Judge
Ajay.
2 issues framed by the court
Whether the accused applicants should be granted bail given their custody since 2021 and the likelihood of a prolonged trial.
Whether the applicants can be released on personal bond with sureties while maintaining bail conditions.
4 provisions across 4 enactments
Vijay Bharti
Vikas Bharti
The State Of Chhattisgarh
Deepak Kumar Tiwari
Shivraj Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
