High Court Of ChhattisgarhMCRC/1828/2021allowed

Satyapal Verma v. State Of Chhattisgarh

2021-03-18Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1828 of 2021 • Satyapal Verma, S/o Madhav Singh, Aged About 36 Years, R/o Village Chicha, Police Station & Dhamdha, District Durg Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Khairagarh, District- Rajnandgaon Chhattisgarh. ---- Respondent For Applicant : Mr. Awadh Tripathi, Advocate For Respondent/State : Mr. R.K. Sahu, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 18.03.2021

1. Heard on admission.

2. Admit.

3. The accused/applicant has moved this second bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 231/2020 registered at Police Station- Khairagarh, District- Rajnandgaon (C.G.) for the offence punishable under Section 420 of IPC and Section 3, 4 & 5 of Chit Fund Money Circulation Act and Section 10 of Chhattisgarh Protection of Depositors Act.

4. Earlier, the first bail application of the applicant was dismissed as withdrawn vide order dated 16.09.2020 passed in MCRC No. 4731/2020 by this Court.

5. The prosecution story, in brief is that, it has been alleged that applicant along with other co-accused persons cheated the investors assuring them of multiple benefits, collected Rs. 2 Crores and thereafter they closed the office. Based on this offence has been registered against the applicant and he has

been taken into custody on 05.07.2020.

6. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the present applicant is not a main accused. He next added that the other two accused persons have already been granted bail by the co-ordinate Bench of the Court in MCRC Nos. 9083/2020 & 8867/2020 and the applicant is in jail since 05.07.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

7. On the other hand, counsel for the State opposes the bail application and the submission made in this respect. It is submitted that the offence committed by him is of serious in nature, therefore, no case is made out for grant of bail.

8. I have heard learned counsel for the parties and perused the record.

9. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that other two accused persons have already been granted bail by the co-ordinate Bench of the Court in MCRC Nos. 9083/2020 & 8867/2020 and the applicant is in jail since 05.07.2020, 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 on bail. Accordingly, the application is allowed.

10. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 1,00,000/-, with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Ruchi