Allowed

Rajesh Gupta v. State of Chhattisgarh

Chhattisgarh HC24 Apr 2024MCRC/2589/2024

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed regular bail applications filed under Section 439 CrPC for two applicants accused of criminal breach of trust under Section 409 r/w 34 IPC. The court noted the completion of investigation, filing of the charge sheet, lack of seized incriminating material, and the nature of the allegations, releasing the applicants on personal bonds with sureties.

What did the court decide?

Bail allowed on personal bond of Rs. 25,000 with one surety of like amount, subject to regular court appearance and non-interference with witnesses.

Rajesh Gupta Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2024)

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Page No.1

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 2508 of 2024

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Michael Khan S/o Ayub Khan Aged About 24 Years R/o Dumardih, Police Station Dhourpur, District : Surguja (Ambikapur), Chhattisgarh

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---- Applicant(in jail)

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Versus

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State Of Chhattisgarh Through The Station House Officer, Police Station Ramanujganj, District Balrampur-Ramanujganj, District : Balrampur, Chhattisgarh

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---- Respondent

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MCRC No. 2589 of 2024

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• Rajesh Gupta S/o Ravindra Gupta Aged About 30 Years R/o Village Andi, Police Station Pendra, Dist. Pendra- Marwahi, C.G.

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---- Applicant(in jail)

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Versus

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State Of Chhattisgarh Through Police Station Ramanujganj, Dist. Balrampur-Ramanujganj, C.G.

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---- Respondent

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--------------------------------------------------------------------------------------------------For Applicants : Mr. G.I. Sharan, Mr. Shubham Dewangan and Mr. Raj Kumar Sahu, Advocates. For Non-applicant/State : Ms. Supriya Upasane. Govt. Advocate.

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

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25/04/2024

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Since the above bail applications arise out of the same crime

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number, they are being disposed of by this common order.

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Both these applications filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicants for grant of regular bail to them as they are in custody in connection with Crime

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Page No.2

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No.210/2023 registered at Police Station Ramanujganj, DistrictBalrampur-Ramanujganj(C.G.) for the offence punishable under Section, 409 r/w 34 of Indian Penal Code.

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Case of the prosecution, in brief, is that one Mr. Goutam Ratre, Branch Manager of Bharat Finance Company, lodged report in the concerned police-station to the effect that in the audit report, it has come that applicants along with other co-accused persons had misappropriated the amount deposited by the customers of the finance company and used it for themselves. Based upon said report, aforementioned crime was registered and during course of investigation, applicants were arrested on 1.12.2023.

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Learned counsel for applicants jointly submitted that applicants have been falsely implicated in instant crime. They have not committed any offence as alleged. There is no documentary evidence to implicate the applicants for the alleged commission of offence except the oral statement of some persons recorded by police during investigation under Section 161 of CrPC. He contended that police have not even seized the document showing that the persons who made allegations, have obtained loan from the finance company and they have made payment in that regard. Police after completion of investigation submitted charge-sheet, therefore, no further custodial interrogation of applicants is required. The case is triable by JMFC. Applicants are in jail since 1.12.2023, hence, they may be enlarged on regular bail.

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Learned counsel for the State opposes submissions of learned counsel for applicants and submits that in the statement of the persons, it has come that they are having the loan account with finance company and they have also mentioned their ID number.

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Page No.3

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However, upon asking she submits that in the charge-sheet there is no ledger of loan account of the persons whose statements are recorded under Section 161 of CrPC. She further submits that there is criminal antecedent of applicant Michael Khan for commission of offence under Section 395 of IPC regsitered in the police station in State of Jharkhand.

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I have heard learned counsel for the parties.

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Taking into consideration facts and circumstances of case, nature of allegations, submission of counsel for the parties in particular that there is no seizure of any incriminating article from the possession of applicants, investigation is complete and charge-sheet is filed, without commenting anything on merits of the case, I am inclined to allow both the bail applications.

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Accordingly, bail applications are allowed and it is directed that applicants shall be released on bail, on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of trial Court concerned on the conditions that;

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they shall appear before the trial Court concerned regularly on each & every date unless exempted from appearance.

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they shall not, in any manner, tamper with the prosecution witnesses.

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If applicants are found involved in similar offence in future, it will be open for the State to apply for cancellation of bail.

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Certified copy as per rules.

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Nisha

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Sd/( Parth Prateem Sahu) Judge

Rajesh Gupta v. State of Chhattisgarh

Case brief

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Rajesh Gupta v. State of Chhattisgarh

Case brief

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