Chattisgarh High Court
Sukhdev Singh vs State Of Chhattisgarh on 19 December, 2024
Author: Rajani Dubey
Bench: Rajani Dubey
1
2024:CGHC:50144
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 7281 of 2024
Sukhdev Singh S/o Shri Raghuvir Singh, Aged About 63 Years, R/o Village
Jhalinkalan P.S. Shramvir Saheb District Rupnagar Panjab At Present R/o A-
07 / 14 DLF Face - 01, Gudgaon (Hariyana)
--Applicant
versus
State Of Chhattisgarh Through - S.H.O. P.S. Kawardha, District Kabirdham
(C.G.)
--- Respondent/State
MCRC No. 7323 of 2024 Sukhdev Singh S/o Shri Raghuvir Singh, Aged About 63 Years, R/o Village Jhalinkalan P.S. Shramvir Saheb District Rupnagar Panjab At Present R/o A- 07 / 14 DLF Face - 01, Gudgaon (Hariyana)
--Applicant versus State Of Chhattisgarh Through - S.H.O. P.S.- S. Lohara, District Kabirdham (C.G.)
--- Respondent/State For Applicant : Mr. Dheerendra Pandey, Advocate. For Respondent/State : Mr. Akhilesh Kumar, GA Hon'ble Smt. Justice Rajani Dubey Order on Board 19.12.2024
1. The aforesaid bail applications are being disposed of by this common order as they arise out of Crime Nos. 185/2017 & 363/2015 registered at Police Stations- Kawardha, S. Lohara for offence under Sections 420, 406 read with 34 of IPC and Sections 3 ,4, 5 of Prize Chit Fund Digitally signed by AMIT PATEL Date: 2024.12.19 05:03:48 +0530 2 and Money Circulation Act and Section 10 of Chhattisgarh Protection of Depositors' Interest Act, 2005.
2. Case of the prosecution is that the present applicant was the nominated director of the PACL India Limited Company and other chit fund company. The said company had offices in more than one city in Chhattisgarh and the said company allured different persons for depositing the money in the company with assurance of higher return and thereafter the company did not fulfill the said promise and thereby cheated the general public. Therefore, the report was made and Police has registered the aforesaid offence against the applicant and other co-accused persons.
3. Learned Counsel for the applicant submits that the applicant is innocent and has been falsely implicated. Investigation is complete and charge sheet has also been filed.He further submits that in similar nature of offence, the other co-accused persons have already been released on bail by this Court vide order dated 16.08.2023 passed in M.Cr.C. No. 4361 of 2023, vide order dated 12.07.2022 & 13.02.2023 passed in M.Cr.C. No. 4410/2022 & 588/2023 respectively and the present applicant is in jail since 17.07.2020. Thus, that the applicant may also be extended privilege of regular bail.
4. On the other hand, learned State counsel opposes the bail applications.
5. I have heard learned counsel for the parties and perused the case- diary.
6. Considering the submissions of learned counsel for the parties, particularly considering the nature of accusations and the fact that investigation is complete and in similar nature of offence, co-accused 3 persons have already been released on bail and also considering that the present applicant is in jail since 17.07.2020, this Court is inclined to release the applicant on bail.
7. Accordingly, the applications are allowed and the applicant is directed to be released on bail on the following conditions:-
(i) he shall execute a personal bond for a sum of Rs. 2 lakhs with 2 sureties of Rs. 1 lakh each for the like amount to the satisfaction of the Trial Court.
(ii) he shall appear before the Trial Court on each and every date given by the Said Court.
(iii) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court.
(iv) he shall not act in any manner which will be prejudicial to fair and expeditious trial.
(v) The applicant and 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.
(vi) he shall not involve himself in any offence of similar nature in future.
(vii) he shall furnish the details of movable and immovable properties, details of all bank accounts held by him and his family members viz. Wife & dependent children and shall not alienate the immovable property without the prior permission of the concerned Trial Court.
Sd/-
(Rajani Dubey) Judge Amit