Rajeev @ Raju Bhosle & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 169 of 2020

1. Rajeev @ Raju Bhosle S/o Shravan Bhosle Aged About 34 Years R/o Rawatpura Colony, Behind Rakesh Provision Stores, Bhatagaon, Police Station Purani Basti, Tehsil And District Raipur, Chhattisgarh.

2. Rahul Bhosle S/o Shravan Bhosle Aged About 27 Years R/o Rawatpura Colony, Behind Rakesh Provision Stores, Bhatagaon, Police Station Purani Basti, Tehsil And District Raipur, Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh Through The Police Station Azad Chowk, Raipur, Chhattisgarh.

---- Respondent For Applicants :

Mr. Raza Ali, Advocate.

For Respondent :

Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 02.03.2020 • The accused/applicants have moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. 37/2018 registered at Police Station - Azad Chowk, Raipur (C.G.) for the offence punishable under Sections 420, 467, 468/34 of the IPC and Section 10 of Chhattisgarh Protection of Depositors' Interest Act.

• The prosecution story in nutshell is that, in the name of providing constructed house to the customers within the specified time, the applicants had obtained lacs of rupees from them and did not provide them the said house. Based on that, after investigation, offence has been registered and the applicants have been arrested.

• Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. He further submits that, due to some reason, the construction work has been delayed and, after construction, the house will be provided to the customers. He also added that the applicants are in jail since 07.02.2018 and they are ready to furnish adequate surety and shall abide by all the directions and conditions imposed upon them by the Court, therefore, the present applicants may also be granted bail. • On the other hand, counsel for the State strongly opposes the bail application submitting that the plot, showing that the money has been obtained, has not even been registered. • I have heard learned counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicants, as 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 applicants on bail. Accordingly, the application is allowed.

• Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 2,00,000/- each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the said Court on each and every date given to them by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu