Pardeshi Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 460 of 2019 • Pardeshi Patel S/o Bihari Patel Aged About 35 Years Caste Marar, Village Bendarchi, P. S. Kawardha, Tehsil Bodla, District Kabirdham, Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through The District Magistrate, Kabirdham, District Kabirdham, Chhattisgarh.

---- Respondent __________________________________________________________________ For Applicant : Shri Abhishek Pandey, Advocate.

For Respondent/State : Shri K.K. Dewangan, Dy. G.A.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 07/02/2019

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 75/2016, registered at Police Station - Bhoramdev, District- Kabirdham, (C.G.) for the offence punishable under Sections 420, 406, 34 of the Indian Penal Code and Section 3, 4 & 5 of Chit Fund Act and Section 10 of Chhattisgarh Protection of Depositors Interest Act.

2. As per the prosecution story, one Vee Realities India Ltd. Company registered under the Companies Act induced the innocent Investors of area to deposit amount with assurance that same would be doubled within short span of time and on such assurance Complainant and other persons deposited their amount in the Company. Subsequently, the Company closed its offices and no refund was made to the Investors. On the basis of the above, FIR has been lodged by one Jhula Bai on 10.11.2016. Allegations against the present Applicant is that he was the agent of the said Company who introduced some of

the depositors to the Regional Managers of said Company namely Meenadhar & Udaksh Kumar Verma. The Applicant has been taken into custody on 29.12.2018.

3. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. He further submits that Applicant is only an agent of the said Company. On the basis of the evidence collected, prima facie no offence under Section 420 of the IPC is made out against the present Applicant. On the same set of evidence, co-accused namely Meenadhar Verma (in MCRCA No. 1668/2018) & Udaksh Kumar Verma (in MCRCA No. 1224/2018) have been granted bail vide order dated 11.01.2019 & 22.10.2018 respectively. The present Applicant has been arrested on 29.12.2018 and trial is likely to take some time. Therefore, he may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

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

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the Applicant is in custody since 29.12.2018 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the Applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Prakash