Shrimati Sindhu Singhare & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 501 of 2020

1. Shrimati Sindhu Singhare, W/o Deepak Singare, Aged About 42 Years, R/o Maitri Vihar, H.I.G. 06, Radhika Nagar, Supela, Police Station- Supela, District- Durg, Chhattisgarh.

2. Deepak Singare, S/o Khushiyal, Aged About 51 Years, R/o Om Nagar, Urla, Ward No. 56, Police Station- Pulgaon, District- Durg, Chhattisgarh.

---- Applicants

Versus

• State of Chhattisgarh Through- Police Station Simga, DistrictBalodabazar-Bhatapara, Chhattisgarh. ---- Respondent For Applicants : Mr. Shobhit Koshta, Adv.

For Respondent/State : Mr. Anurag Verma, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 28.02.2020

1. The accused/applicant have 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. 71/2018 registered at Police Station-Simga, District- Balodabazar-Bhatapara, (C.G.) for the offence punishable under Sections 420, r/w 34 of I.P.C., Section 10 of Chhattisgarh Protection of Depositors Interest Act, 2005, Sections 4 and 5 of Enami Chit Fund Act and Money Circulation Scheme Adhiniyam.

2. The prosecution story, in brief is that, applicants and other coaccused persons floated a company in the name of Yash Dream Real Estate Limited Company (for short 'the Company') collected money from various investors by alluring them and promising them better return. At the time of maturity, company owners have not returned money to the investors and fled away. Thereafter, offence

has been registered against the present applicants.

3. In respect of applicant No. 2- Deepak Singare, learned counsel for the applicants wants to withdraw the bail application.

4. Accordingly, bail application in respect of applicant No. 2-Deepak Singare is dismissed as withdrawn.

5. In respect of applicant No.1-Shrimati Sindhu Singhare, learned counsel for the applicants submits that similar allegation was made in another crime No. 596/2015 in which the Supreme Court vide order dated 23.07.2018 passed in SLP (Criminal) No. 4239/2018 has granted bail to the applicant No.1- Shrimati Sindhu Singhare on the ground that applicant No.1 - Shrimati Sindhu Singhare is aged about 42 years and a mother of two children subject to furnishing bail bonds of Rs. 1 lakh with two sureties in the like sum. He further submits that the applicant No.1- Shrimati Sindhu Singhare has also been granted bail in MCRC Nos. 7225/2018 and 8886/2018. Therefore, the applicant No.-1 Shrimati Sindhu Singhare may be enlarged on bail.

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

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

8. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the Supreme Court vide order dated 23.07.2018 passed in SLP (Criminal) No. 4239/2018 has granted bail to the applicant No.1Shrimati Sindhu Singhare on the ground that applicant No.1 - Shrimati Sindhu Singhare is aged about 42 years and a mother of two children subject to furnishing bail bonds of Rs. 1 lakh with two sureties in the like sum. He further submits that the applicant No.1- Shrimati Sindhu Singhare has also been granted bail in MCRC Nos. 7225/2018 and 8886/2018. The applicant No.1- Shrimati Sindhu Singhare is in jail since 29.09.2015 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 No.1- Shrimati Sindhu Singhare on bail. Accordingly, the application is allowed.

9. Accused/ applicant No.1- Shrimati Sindhu Singhare is directed to be

released on bail on her executing a personal bond in the sum of Rs. 50,000/-, with one local surety in the like sum to the satisfaction of the trial Court. She is directed to appear before the trial Court on each and every date given to her by the said Court. Sd/- (Rajani Dubey) Judge Ruchi