Allowed

Jay Kumar Nara v. State of Chhattisgarh

Chhattisgarh HC28 Jul 2023MCRC/2405/2023

Case brief

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What is this about?

This court heard three bail applications filed under Section 439 CrPC. The application for Anil Kumar Verma was dismissed as not pressed. Bail was granted to Jay Kumar Nara and Akhilesh Singh, two of the accused in a cheating and forgery case, with conditions for furnishing sureties.

What did the court decide?

Bail was granted to Jay Kumar Nara and Akhilesh Singh upon furnishing a personal bond of Rs.50,000 with two sureties each in the like sum.

Jay Kumar Nara Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.2405 of 2023

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Jay Kumar Nara S/o Late Ramesh Kumar Nara Aged About 40 Years R/o Near Riddhi Siddhi Mahavir Nagar, District : Raipur, Chhattisgarh

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---- Applicant

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Versus

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State Of Chhattisgarh Through Station House Officer, Police Station New Rajendra Nagar, District : Raipur, Chhattisgarh

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---- Non-Applicant

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M.Cr.C No. 2716 of 2023

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Akhilesh Singh S/o Late Shri Vijay Singh Aged About 22 Years R/o Chadrapur Colony, Surajpur, District Surajpur, Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh Through Station House Officer, P.S. New Rajendra Nagar, District Raipur, Chhattisgarh. ---- Non-Applicant

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M.Cr.C No. 3121 of 2023

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Anil Ku Verma S/o Jagmohan Prasad Verma Aged About 38 Years R/ o Near Kukreja Farm House Mahaveer Nagar Raipur Chhattisgarh

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---- Applicant

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Versus

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State Of Chhattisgarh Through Station House Officer P.S. New Rajendra Nagar, Raipur District Raipur (Chhattigarh)

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---Non-Applicant

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For respective Applicants: Shri CR Sahu, DK Tandi and Shri BL Dembra, Advocates. For Non-Applicant/State: Shri BP Banjare, Dy. G.A.

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Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board

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28.07.2023

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These are the 1 st bail applications filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the Applicants, who have been arrested in connection with Crime No.436/2022 registered at Police Station New Rajendra Nagar, District Raipur (CG) for the offence under Sections 420, 467, 468 and 471/34 IPC.

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Case of the prosecution is that Complainant Shiv Kumar Agrawal had lodged a report at PS New Rajendra Nagar, Raipur alleging that his wife namely Rani Agrawal sold a plot admeasuring 1,000 sq.ft to the main accused/Applicant i.e. Anil Kumar Verma and at the time of registration of the said plot, two cheques amounting to Rs.5 lacs each and one cheque amounting to Rs.11 lacs were issued out of which, 2 cheques of Rs.5 lacs each were executed but there was no instruction from Applicant-Anil Kumar Verma with regard to the cheque of Rs.11 lacs. Later on, by providing papers of registration, the said Applicant took loan of Rs.21 lacs from the Complainant. It is further alleged that accused Applicants- Jay Kumar Nara and Akhilesh Singh have allured the Complainant by saying that Applicant-Anil Kumar Verma has a plan to purchase gold for wholesale rate from Delhi and if he invests money, they will receive higher returns and thus assured him and made him invest Rs.30 lacs

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and during the said conversation, both these Applicants were present at the shop of Applicant-Anil Kumar Verma namely Raj Jewelers and during investigation, it has been revealed that from the possession of Applicant-Jay Kumar Nara, Rs.50,000/-, one Maruti Car and 9 gold coated coins were recovered, from Applicant-Akhilesh Singh, 305 gms of melted gold as also some silver anklets etc. were recovered and from Applicant-Anil Kumar Verma, one mobile, one laptop and one slip pertaining to Manappuram Gold loan Company in the name of one Sunil Wadhvani were recovered, therefore, the offence as aforesaid has been registered against them.

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At the outset, Shri Dembra submits that he does not want to press the bail application of Applicant-Anil Kumar Verma i.e. M.Cr.C No.3121/2023 , which is accordingly dismissed as not pressed . Shri Sahu, learned counsel for Applicants-Jay Kumar Nara and Akhilesh Singh submits that the main accused is Anil Kumar Verma, who hatched the entire conspiracy and Applicant-Akhilesh Singh being close relative (brother-in-law) of Applicant-Anil Kumar Verma, got allured by him for commission on bringing customers to him and Applicant-Anil Kumar Verma himself had cheated the Complainant and not paid consideration amount. He further submits that wife of Anil Kumar Verma namely Anjali Verma @ Anjali Soni on whose name the property has been purchased, has already been enlarged on bail vide order dated 14.03.2023 passed by the co-ordinate Bench in M.Cr.C. No.95/2023, both these Applicants are in jail since

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26.11.2022, investigation has been completed, charge sheet has been filed, therefore, considering all these aspects, these Applicants may be released on bail.

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On the other hand, learned counsel for the Non-Applicant/State opposed the bail applications and submits that against ApplicantAkhilesh Singh, there are no previous criminal antecedents whereas against Applicant-Jay Kumar Nara, Crime No.01/2023 was registered for the offence under Sections 420, 467 and 468 IPC. He further submits that during the period between 30.07.2022 and 28.10.2022, the said cheating was committed and Applicant Anil Kumar Verma is the master mind, who hatched the conspiracy and cheated more than 11 persons and obtained money for delivering gold as he is involved in the business of jewelry and thus cheated his customers and public by making them to invest their money.

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Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering that the main accused is Applicant-Anil Kumar Verma and further considering the role attributed to Applicants-Jay Kumar Nara and Akhilesh Singh, their detention period, investigation has been completed, charge sheet has been filed, without further commenting anything on merits, I am inclined to allow their applications.

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Accordingly, M.Cr.C Nos.2405/2023 and 2716/2023 are allowed and it is directed that if Applicants-Jay Kumar Nara and Akhilesh Singh furnish a personal bond for a sum of Rs.50,000/- with

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two sureties each in the like sum to the satisfaction of the concerned

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Court, they shall be released on bail. They shall however, make their appearance before the concerned Court as and when so directed.

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Sd/-

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(Deepak Kumar Tiwari)

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Judge

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Priya

Jay Kumar Nara v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Jay Kumar Nara v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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