Allowed

Abhishek Singh Chauhan v. State of Chhattisgarh

Chhattisgarh HC4 Oct 2023MCRC/3918/2023

Case brief

AI extract

What is this about?

A jail applicant challenged in multiple cheating cases was granted bail after the Supreme Court clubbed all related FIRs. The High Court noted the long detention period and delay in framing charges as fit circumstances for release on a personal bond.

What did the court decide?

Application for grant of bail allowed. Applicant released on personal bond of Rs.1,00,000 with two sureties.

Abhishek Singh Chauhan Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR MCRC NO. 3918 OF 2023

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Abhishek Singh Chauhan S/o Dr. Anand Singh Chauhan, Aged About 39 Years, Resident of B-30, Patrakar Colony, Police Station Patrakar Colony/Mansarovar, Jaypur (Rajasthan).

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… Applicant

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Versus

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State of Chhattisgarh, Through - Station House Officer, Police Station Surajpur, District Surajpur Chhattisgarh.

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… Respondent

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For Applicant : Shri Srikant Mishra and Shri Sangeet Kumar Kushwaha, Advocates. For Respondent-State : Shri Ayaz Naved, Dy. Govt. Advocate.

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Hon'ble Shri Justice N. K. Chandravanshi Order on Board

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04.10.2023

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1. This is first bail application seeking for grant of bail to the Applicant who is in jail since 04.12.2019 in connection with Crime No.146/2017 registered at Police Station, Surajpur, District Surajpur, for the offence punishable under Sections 420, 120-B,409/34 IPC, Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005 and Sections 3,4,5 and 6 of the Price Chit Fund and Money Circulation Scheme (Banning) Act, 1978.

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2. Case of the prosecution, in brief, is that the applicant is said to be Director of M/s Nirmal Infra Home Corporation Limited. It is alleged that the aforesaid company along with the Director, the office bearers and Agents allured various investors to double their amounts in a short period and thereby they got deposited huge amount from the complainant and various persons, but neither they

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returned their amount nor satisfied them. Rather, at the time of maturity they closed their company and fled away and thereby they cheated the poor investors to the tune of about 8 Lakhs. On being complaint made by Annu Lal Rajwade, the present crime has been registered and during investigation the applicant was arrested on 04.12.2019. After usual investigation, charge sheet has been filed against the applicant and other accused persons for the offences mentioned in the preceding paragraph of this order.

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3. Learned Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is one of the Director, but he is not involved in deceiving the investors, nor he has directly taken any amount from any persons. It is further submitted that although 10 FIRs have been registered against the applicant in the State of Chhattisgarh in which charge sheet has been filed. As per order dated 13.07.2022 passed by the Supreme Court in Writ Petition (Cr.) No.40 of 2022, all 10 criminal cases have been clubbed in the principal case which is pending as Criminal Case No.2/2020 ( FIR No.146/2017) before the court of Surajpur. He would further submit that since all the cases have been clubbed with the principal FIR/Criminal Case, therefore, being a principal case the applicant has filed the instant bail application in respect of criminal case pending in the court of Surajpur. He would further submit that in some of the cases (Crime No.42/2016, registered at Police Station, DD Nagar, Raipur) one of the co-accused/Director Harish Sharma has already been granted bail vide order dated 28.06.2022

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by the coordinate Bench of this court in MCrC No.3380 of 2022. It is further submitted that the applicant is in jail since 04.12.2019. Though charge sheet has been filed on 01.02.2020, however, till date the charges have not been framed. Thus, conclusion of trial may take long time and therefore the applicant may be released on bail.

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4. On the other hand the State counsel while opposing the bail application would submit that the applicant being Director of the aforesaid company have cheated the poor investors and thereby collected huge amount from them. It is further submitted that in the State of Chhattisgarh, 10 criminal cases have been registered against the applicant. All the cases have been clubbed in pursuance of the order of the Supreme Court dated 13.07.2022 with principal FIR/Criminal Case pending in the court of Surajpur. Therefore, looking to the nature and gravity of the offence, the applicant does not deserve to be released on bail.

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5. Without commenting on merits, considering the totality of the facts and circumstances of the case, particularly taking into consideration the detention period of the applicant and also considering the fact that despite filing of charge sheet on 01.02.2020 till date charges have not been framed, this Court is of the opinion that the present is a fit case where the Applicant can be enlarged on bail.

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6. Accordingly, the application for grant of bail is allowed. It is directed that the Applicant shall be released on bail on furnishing a personal

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bond for a sum of Rs.1,00,000/- with two local sureties of Rs.50,000/- each with the following conditions:

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a) After his release, within 45 days, he shall furnish all details of movable and immovable properties belonging to him and his family members i.e. wife & children, supported by the affidavit.

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b) He shall not create any third party interest of any immovable property without prior written permission of the Court below.

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c) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of case,

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d) He shall not involve himself in any offence of similar nature in

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future.

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Sd/(N.K. Chandravanshi) Judge

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inder

Abhishek Singh Chauhan v. State of Chhattisgarh

Case brief

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Abhishek Singh Chauhan v. State of Chhattisgarh

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