Vikas Bharti, Vs State of Chhattisgarh

Vikas Bharti, S/o Kedar Bharti, aged about 40 years, R/o. Uparpur, Thana Evam Distt. Baxar Bihar, Hall Makan No. 412 Mw. Colony Industrial Area Phase No. 01 Chandigarh, Punjab.

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Vinay Kumar S/o Kedar Bharti, aged about 35 years, R/o. Uparpur, Thana Evam Distt. Baxar Bihar, Hall Makan No. 412 Mw. Colony Industrial Area Phase No. 01 Chandigarh, Punjab.

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---- Applicants

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versus

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State of Chhattisgarh Through - Station House Officer, Police Station Balod, District - Balod (C.G.).

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---- Respondent

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For Applicants :- Ms. Ranjana Jaiswal, Advocate. For State-Respondent :- Mr. Ashish Shukla, Additional Advocate General.

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Hon'ble Shri Justice Sanjay K. Agrawal

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Order On Board

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15/10/2024

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The accused/applicants have moved this first bail application under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.224/2015, registered at

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2

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MCRC No. 5588 of 2024

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Police Station Balod, District- Balod, C.G., for alleged commission of offence punishable under Sections 3,4,5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978; Section 420 of the IPC, 1860 and Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005.

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Case of the prosecution, in brief, is that the Directors of B.N. Gold Real Estate & Allied Limited opened a Branch Office at Balod, in which the applicants was working and the co-accused Guruvindar Singh Sandhu was working as one of the Directors and the other co-accused, namely, Sanjay Nandanwar was working as a Branch Manager. The said company induced investors to deposit money and promised to double the amount while returning, but they did not return the money and, thereby, committed the said offences.

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Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in crime in question and they are in jail since 27.09.2021. She further submits that a similarly situated co-accused persons, namely, Sanjay Nandanwar and Guruvindar

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3

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MCRC No. 5588 of 2024

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Singh Sandhu have already been granted bail vide order of this Court dated 18.02.2016 passed in MCRC No.238/2016 and vide order dated 01.04.2024 passed in MCRC No.1883 of 2024, respectively. Hence, the present application be allowed and the applicants be granted bail.

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On the other hand, learned State Counsel opposes the prayer made by learned counsel for the applicants and submits that the case of the applicants herein is not similar to that of co-accused persons namely Guruvindar Singh Sandhu, Director and Sanjay Nandanwar, Branch Manager of the said company, therefore, application of the present applicants deserves to the dismissed.

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I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the records.

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Taking into consideration the nature and gravity of the offences, facts and circumstances of the case, where the allegation of cheating has been alleged against the applicants along with other co-accused persons; the applicants are in jail since 27.09.2021; the case of the present applicants is similar to Guruvindar Singh Sandhu,

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4

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MCRC No. 5588 of 2024

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who has already been granted bail by this Court; chargesheet has already been filed and also the trial would take prolong period of time to be concluded, no custodial interrogation of the applicants is required, therefore, I am of the considered view that it is a fit case to enlarge the applicants on bail.

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Accordingly, the bail application is allowed. It is, therefore, directed that the applicants – Vikas Bharti and Vinay Kumar be released on bail on furnishing bail bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousands only) each with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed, till final disposal of the trial.

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Sd/-

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Sd/(Sanjay K. Agrawal) Judge

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Ankit

Vikas Bharti, v. State of Chhattisgarh

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Vikas Bharti, v. State of Chhattisgarh

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