Chattisgarh High Court
Bakil Singh vs State Of Chhattisgarh on 27 June, 2022
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
M.Cr.C. No.2495 of 2022
Bakil Singh S/o Nathuram Baghel Aged About 44 Years Current Address
Vidhayak Colony Indrapuram, Gajiyabad, Uttar Pradesh. ---- Applicant
Versus
State Of Chhattisgarh Through Station House Officer Bhatapara (Gramin),
District Baloda-Bazar-Bhatapara, Chhattisgarh. ---- Non-Applicant
MCRC No. 2626 of 2022
Bakil Singh S/o Nathuram Baghel Aged About 44 Years Caste Baghel, R/o
Village Devpara, Police Station Ater, Tehsil Ater, District Bhind, Madhya Pradesh,
District : Bhind, Madhya Pradesh ---- Applicant
Versus
State Of Chhattisgarh Through S.H.O. Police Station Pratappur, District Surajpur,
Chhattisgarh ---- Non-Applicant
MCRC No. 2824 of 2022
Bakil Singh S/o Nathuram Baghel Aged About 45 Years R/o Devpara, Police
Station Ater, District Bhind, M.P. (Wakil Singh Wrongly Mentioned In Order Sheet)
---- Applicant
Versus
State Of Chhattisgarh Through S.H.O. Azad Chowk Raipur, District Raipur
Chhattisgarh. ---- Non-Applicant
MCRC No. 2834 of 2022
Bakil Singh S/o Nathuram Baghel, Aged About 45 Years R/o Devpara, P.S. - Ater,
District- Bhind M.P. ---- Applicant
Versus
State Of Chhattisgarh Through S.H.O. - Azad Chowk Raipur District - Raipur
(C.G.) ---- Non-Applicant
MCRC No. 2835 of 2022
Bakil Singh S/o Nathuram Baghel Aged About 45 Years Present Add. R/o
Devpura, P. S. Ater, District Bhind (M. P.) ---- Applicant
Versus
State Of Chhattisgarh Through S. H. O. Kotwali, Rajnandgaon, District
Rajnandgaon Chhattisgarh ---- Non-Applicant
MCRC No. 3347 of 2022
Bakil Singh S/o Nathuram Baghel Aged About 44 Years R/o Village - Devpra, P.S.
- Atera, District - Bhind, (Madhya Pradesh) Present Add - Vidhayak Colony
Indrapuram, Gajiyabad, (Uttar Pradesh) ---- Applicant
Versus
State Of Chhattisgarh Through S.H.O. - Baikunthpur, District - Koriya,
Chhattisgarh ---- Non-Applicant
MCRC No. 3358 of 2022
Vakil Singh S/o Nathuram Baghel Aged About 45 Years R/o Village Devpara,
Police Station Ater, District Bhind, Madhya Pradesh. ---- Applicant
Versus
State Of Chhattisgarh Through Station House Officer Pali, District Korba,
Chhattisgarh. ---- Non-Applicant
MCRC No. 5216 of 2022
Sanjeev Singh Baghel S/o Shri Amar Singh Baghel Aged About 41 Years R/o
Hariram Ka Pura, Village- Simraov, P.S.- Dehat Kotwali, Tahsil And Distt.- Bhind,
Madhya Pradesh. Present Address Amrapali Sector- 76, Flat No. 605, Noyda,
Delhi. ---- Applicant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station- Bhatapara
Gramin, Distt.- Balodabazar-Bhatapara, Chhattisgarh --- Non-Applicant
For respective Applicants: Shri Sunil Sahu and Hemant Gupta,
Advocates.
For respective Non-Applicants/State : Shri Alok Nigam, G.A and Shri BP
Banjare, Dy. G.A
Hon'ble Shri Justice Deepak Kumar Tiwari
Order on Board
27.06.2022
1.These are the 1st bail applications filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the Applicants, whose case details are as under:-
M.Cr.C No.2495/2022 Crime No: 475/2019Police Station Bhatapara (Gramin), Revenue and Civl Bilaspur (CG) Offence Under Section 420/34 IPC, under Section 10 of Protection of Depositors Interest Act, 2005 and under Sections 4 & 5 of Prize Chit Fund and Money Circulation Scheme Prohibition Act, 1978.
Date of Arrest 01.12.2021 M.Cr.C No.2626/2022 Crime No: 86/2017 Police Station Pratappur, Revenue and Civil Bilaspur (CG) Offence Under Section 420/34 IPC and under Sections 3, 4 & 5 of Prize Chit Fund and Money Circulation Scheme Prohibition Act, 1978.
Date of Arrest 16.12.2021 M.Cr.C No.2824/2022 Crime No: 295/2019 Police Station Azad Chowk, Raipur, Revenue and Civil Raipur (CG).
Offence Under Section 420/34 IPC, under Section 10 of Protection of Depositors Interest Act, 2005 and under Sections 4 & 5 of Prize Chit Fund and Money Circulation Scheme Prohibition Act, 1978.
Date of Arrest 07.12.2021 M.Cr.C No.2834/2022 Crime No: 233/2019 Police Station Azad Chowk, Raipur, Revenue and Civil Raipur (CG).
Offence Under Section 420/34 IPC, under Section 10 of Protection of Depositors Interest Act, 2005 and under Sections 4 & 5 of Prize Chit Fund and Money Circulation Scheme Prohibition Act, 1978.
Date of Arrest 07.12.2021 M.Cr.C No.2835/2022 Crime No: 223/2017 Police Station Kotwali, Rajnandgaon, Revenue and Civil Rajnandgaon (CG).
Offence Under Section 420 and 409/34 IPC, under Section 10 of Protection of Depositors Interest Act, 2005 and under Sections 3 & 4 of Prize Chit Fund and Money Circulation Scheme Prohibition Act, 1978.
Date of Arrest 07.12.2021 M.Cr.C No.3347/2022 Crime No: 257/2015 Police Station Baikunthpur, Revenue and Civil Korea (CG). Offence Under Section 420 and 409/34 IPC, under Section 10 of Protection of Depositors Interest Act, 2005 and under Sections 4 & 5 of Prize Chit Fund and Money Circulation Scheme Prohibition Act, 1978.
Date of Arrest 02.4.2022 M.Cr.C No.3358/2022 Crime No: 37/2016 Police Station Pali, Revenue and Civil Korba (CG). . Offence Under Section 420/34 IPC, under Section
10 of Protection of Depositors Interest Act, 2005 and under Sections 4, 5 & 6 of Prize Chit Fund and Money Circulation Scheme Prohibition Act, 1978 Date of Arrest 17.02.2022 MCRC No. 5216 of 2022 Crime No: 475/2019 Police Station Bhatapara (Gramin), District Baloda Bazar, Bhatapara (CG).
Offence Under Section 420/34 IPC, under Section 10 of Protection of Depositors Interest Act, 2005 and under Sections 4 &, 5 of Prize Chit Fund and Money Circulation Scheme Prohibition Act, 1978.
Date of Arrest 25.4.2022
2. Prosecution case is that the Applicants along with other co-accused and founder of Company Sun Shine Infrabuild Corporation Ltd had allured various investors for higher returns and thereafter closed the office of the Company and fled away, therefore, the aforesaid offence has been registered against them.
3. Learned counsels for the Applicants submit that the Applicants are innocent and have been falsely implicated in the crime in question for which, they are in jail as mentioned above. They further submit that the present Applicants have already resigned from the post of Director on 01.06.2011, copy of which has also been annexed herewith in support of the bail application. They further submit that SEBI has already initiated recovery proceedings against the present Director namely Surendra Singh, Dharam and Mukesh and Bhawanilal Baghel for recovery of the amount to the tune of Rs.35,41,41,300/- and so many properties have already been auctioned in the said recovery proceedings. It is further submitted that in a similar matter, Applicant Vakil Singh has been granted bail by the Sessions Judge, Durg, there are certain settlements in Appeal Nos.486/13 and 477/15 before the SEBI and a copy of demand draft has been annexed herewith. Learned Counsel for Applicant-Sanjeev Singh submits that bail has been granted to him by the co-ordinate Bench vide order dated 20.08.2018 passed in M.Cr.C No.5320/2018. They lastly submit that the Applicants are languishing in jail since long, the conclusion of the trial may take quite some time, therefore, they may be released on bail.
4. Per contra, learned Counsel for the State strongly opposed the bail application.
5. Considering the facts and circumstances of the case, looking to the nature of allegations, particularly considering that in similar matter, both the accused have been enlarged on bail, also considering the pre-trial detention and that the Applicants have already resigned from the post of Director and further considering that SEBI has already seized the movable and immovable properties of the Company and also drawn recovery proceedings against the Company and the present Directors, the trial may take some time for its conclusion, I am inclined to grant regular bail to the Applicants.
6. Accordingly, all the bail applications filed under Section 439 of the Cr.P.C.
are allowed and the Applicants shall be released on bail on the following conditions:-
i) they shall furnish a personal bond for a sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each in the like sum to the satisfaction of the concerned Court,
ii) they shall, after release of 45 days, furnish the details of movable and immovable property of themselves and their dependents like children etc.,
iii) they shall also not alienate their movable and immovable properties without the permission of the competent Court and other competent authorities,
iv) they shall however, make their appearance before the concerned Court as and when so directed,
v) the Applicants and the surety shall submit a copy of their adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court.
Sd/-
(Deepak Kumar Tiwari) Judge Priya