Sanjay Nandanwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.238 of 2016 Sanjay Nandanwar, S/o Shri Ramesh Nandanwar, aged about 33 years, R/o Ward No.9, Bodhikheda (M.P.). Presently residing at in the house of Madan Sahu, Near Kapileshwar Mandir, Nayapara, Balod, Police Station, Civil and Revenue District Balod (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through Station House Officer, Police Station Balod, District Balod (C.G.) ---- Non-applicant For Applicant:

Mr. B.P. Singh, Advocate.

For Non-applicant:

Mr. Neeraj Kumar Sharma, Deputy Govt. Adv.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 18/02/2016

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.224/2015, registered at Police Station Balod, Distt. Balod, for the offence punishable under Sections 3, 4, 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978; and Section 420 read with Section 34 of the IPC.

2. Case of the prosecution, in brief, is that Directors of B.N. Global India Limited opened a Branch Office at Balod in which the applicant worked as Branch Manager and the said company induced investors to deposit money and promised to double the amount while returning.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case. The applicant is only Branch Manager of the said Company,

he has never induced any investor to deposit money, there is no complaint against the company, the applicant is only a daily wager of the said company and he is not the Director of the Company. The applicant is in jail since 6-11-2015, charge-sheet has been filed and no custodial interrogation of the applicant is required.

4. On the other hand, learned State counsel opposes the application.

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

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, considering the fact that the applicant is not Director of the Company, he is only said to be Branch Manager of the said Company, considering his role, pretrial detention, chargesheet has been filed and no custodial interrogation of the applicant is required, I am of the view that it is a fit case to enlarge the applicant on regular bail. Accordingly, the application is allowed.

7. It is, therefore, directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) Judge Soma