Hamid Memon And Another v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 35 of 2021

1. Hamid Memon S/o Late Haji Abu Bakar Aged About 45 Years R/o Pachpedi Naka Laxmi Nagar, District Raipur Chhattisgarh.

2. Smt. Fatima Bano Memon W/o Mr. Hamid Memon Aged About 42 Years R/o Pachpedi Naka Laxmi Nagar, District Raipur Chhattisgarh. ---- Applicants

Versus

1. State of Chhattisgarh, Through: Police Station Lalbagh, Rajnandgaon, Chhattisgarh.

---- Respondent For Applicants - Shri Raza Ali, Advocate.

For Respondent - Shri Alok Nigam, Government Advocate.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 02/03/2021

1. The applicants have preferred this application for grant of anticipatory bail, as they apprehend their arrest in connection with Crime No.411/2019, registered at Police Station Lalbagh, District: Rajnandgaon (C.G.) for the offence punishable under Sections 420, 406, 467, 468, 471, 120-B, 384, 34 of the India Penal Code, Section 3, 4, 6 of the Prize Chits and Money Circulation Schemes (Banning) Act; Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005.

2. As per the complaint lodged by Hemlata Sahu in the form of an application under Section 156 (3) of Cr.P.C., the company namely;

Anmol India Agro Herbal Farming & Dairy Care Company Ltd., Nagpur which had a branch at Rajnandgaon, promised her to pay hefty interest if she makes deposit in the company. Being tempted the complainant deposited Rs.24,000/- with the company, but after maturity period neither the promised amount nor the original amount was refunded.

3. Learned counsel for the applicants would submit that co-accused persons have already been released on anticipatory bail in M.Cr.C.(A). No.1791 of 2019. He would submit that in several other bail applications, different co-accused persons have been granted anticipatory bail in batch of cases, leading case bearing M.Cr.C.(A). No.1680 of 2019. In yet another case, in M.Cr.C.(A) No.1569 of 2020, applicant No.1 has been released on anticipatory bail.

4. Learned counsel appearing for the State, per contra, would oppose the bail application.

5. Considering the Orders passed by this Court in different anticipatory bail applications and looking to the nature of the allegation against the applicants, which is more or less similar in all the cases, this Court is inclined to release the applicants on anticipatory bail.

6. Accordingly, the bail application is allowed and it is directed that in the event of arrest of the applicants, they shall be released on anticipatory bail on each of them executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:- • they shall make themselves available for interrogation by a police officer as and when required;

• they 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 facts to the Court or to any police officer.

• they shall not influence the witnesses during pendency of the trial.

SD/- (Prashant Kumar Mishra) Judge Amardeep