Anil Choudhary vs State Of Chhattisgarh on 29 August, 2022

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Chattisgarh High Court

Anil Choudhary vs State Of Chhattisgarh on 29 August, 2022

Bench: Rajani Dubey

                                    1

                                                              NAFR


        HIGH COURT OF CHHATTISGARH, BILASPUR
                    MCRC No. 7359 of 2022
    Anil Choudhary S/o Sohan Singh Aged About 39 Years R/o
     House No. 2898, New Housing Board, Sector-13 Bhiwani
     Thana And District Bhiwani (Haryana).
                                                       ---- Applicant
                                  Versus
    State of Chhattisgarh Through Station House Officer, Police
     Station Kunda, District Kabirdham, Chhattisgarh.
                                                    ---- Respondent

For Applicant : Mr. Vikash Pradhan, Adv. For Respondent/State : Mr. Alok Nigam, G.A. Hon'ble Smt. Justice Rajani Dubey Order on Board 29/08/2022

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 85/2017 registered at Police Station Kunda (Konda), District- Kabirdham (C.G.) for the offence punishable under Sections 420, 406, 34 of the IPC and 3, 4, 5 of Prize Chits and Money Circulation Schemes (Banning Act, 1978) and Section 10 of Investors Protection Act, 2005.

2. As per the prosecution case, it is alleged that the applicant along with other co-accused persons opened and operated a company in the name of PACL Limited Company as chit fund company between the period from 1996 to 21st August 2014 and collected a huge amount by way of investment on giving false promises and inducement to the investors that they will get a huge return on their investment. It is also alleged the applicant was one of the nominated directors of the said company. Based on this offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the applicant is a practicing advocate of Haryana, and he was appointed as Director in the PACL limited Company in the year 2015 and the amount of policies have been shown to be due in the year 2012, 2014 and 2015 i.e. prior to his appointment. He next submits that the applicant has been granted bail by this Court in another same case registered with Crime No. 22/2018 vide order dated 12.07.2022 in MCRC No. 4410/2022. He also submits that the applicant is in jail since 07.06.2022, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, further considering the fact that the applicant has been granted bail in another case registered with Crime No. 22/2018 and in the present case the applicant is in jail since 07.06.2022, and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 1,00,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

Sd/-

(Rajani Dubey) Judge H.L. Sahu

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