Bail application filed under Section 439 CrPC allowed. The applicant was in custody since May 2022 for cheating and money circulation offences. The court considered the period of custody and directed release on bail.
Applicant released on bail on furnishing personal bond of Rs. 25,000 with two sureties of like sum.
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MISC. CRIMINAL CASE NO. 433 OF 2023
• Abir Kundu, S/o Shri Ganpat Kundu, aged about 52 years, R/o Shivnagar College Road, Post Agartara College Tripura, West Agartala (Tripura)
… Applicant
versus
• State of Chhattisgarh, through: Station House Officer, Police Station Pandatarai, District Kabirdham (C.G.)
For Applicant : Mr. Jitendra Shukla, Advocate. For Respondent : Mr. Rahul Jha, Govt. Advocate. Hon'ble Shri Justice P. Sam Koshy Order on Board
[08/05/2023]
1. The present is an Application under Section 439 of CrPC seeking for grant of bail to the Applicant who is in jail since 20.6.2022 in connection with Crime No.1/2017 registered at Police Station Pandatarai, District Kabirdham, for the offence punishable under Sections 420, 406 read with Section 34 of the Indian Penal Code and under Sections 3, 4, 5 of the Prize Chits & Money Circulation Schemes (Banning) Act as also under Section 10 of the Chhattisgarh Protection of Depositors Interest Act.
2. Case of the Prosecution is that, on 17.2.2018, Dharmendra Chandravanshi and Panchram Chandravanshi had lodged a report at the Police Station alleging that they had invested money in the Rose Valley Hotels & Entertainment Limited Company of which the present Applicant and the other co-accused Ashok Kumar Saha are said to have the Directors. However, even after the maturity of their investment, the invested money with interest was not returned to them by the Company. Therefore, the aforementioned offence was registered and the Applicant stand arrested since 20.6.2022.
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3. Learned Counsel for Applicant submits that the Applicant is innocent and has been falsely implicated in the instant case only on the basis of suspicion. He submits that the Applicant has already been granted bail by the Trial Court in similar nature of crime. He further submits that the other co-accused Ashok Kumar Saha also has been enlarged on bail by this High Court in similar nature of offence, vide M.Cr.C. No.7400/2022 decided on 20.9.2022 and vide M.Cr.C. No.10848/2022 decided on 28.3.2023, and the role played by the present Applicant is similar to that of the aforesaid accused person who has already been granted bail. Therefore, the present Applicant also deserves to be released on bail.
4. On the other hand, opposing the Bail Application, learned State Counsel submits that looking to the gravity of offence committed by the Applicant, he does not deserve to be enlarged on bail. 5. Having heard the contentions put forth on either side and on perusal of record, particularly taking into consideration the period of custody undergone by the Applicant and the trial is likely to take some time to its conclusion, this Court is of the opinion that the Applicant at this juncture can be enlarged on bail.
6. Accordingly, the Application under Section 439 of CrPC is allowed. It is ordered that the Applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with two sureties of the like sum to the satisfaction of the concerned Trial Court for his appearance as and when directed by the Trial Court.
Sd/- (P. Sam Koshy)
/sharad/ Judge
2 issues framed by the court
Whether the applicant should be granted bail considering the period of custody and nature of offence.
Whether bail can be granted despite the gravity of the charges of cheating and money circulation.
1 provisions across 1 enactments
Abir Kundu
State of Chhattisgarh
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
