Sanjiv Baranwal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5890 of 2020

1. Sanjiv Baranwal S/o Shardanand Baranwal Aged About 44 Years R/o Katra Chowk, Katra District Munger (Bihar) , Presently R/o Pragati Homes Rameshwar Nagar Bhanpuri Tahsil And District Raipur Chhattisgarh.

---- Applicant

Versus

1. State Of Chhattisgarh Through Police Station Moudhapara District Raipur Chhattisgarh.

---- Respondent For Applicant Mr. F.S. Khare, Advocate For Respondent /State Mr. Sudeep Agrawal, Dy. Adv. General (Proceedings through Video Conferencing) Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 16/10/2020

1. Heard.

2. The applicant has preferred this first bail application under Section 439 of CrPC, as he is arrested in connection with Crime No.62/2020, registered at Police Station Moudhapara, District Raipur (CG), for the offence punishable under Sections 420, 467, 468 & 471 read with Section 34 of the Indian Penal Code.

3. The applicant Sanjiv Baranwal and co-accused Arun Jain are partners in the Firm namely; Laxmi Traders. They allured by

giving false assurance to the complainant that if he invests amount in the business of supply of Masks & PPE (Personal Protective Equipment) Kits he can earn some income. On this assurance Asim Rathore invested Rs.6,11,700/- which was paid to Oscar Enterprises, Delhi for supply of Masks & PPE Kits, however, later on Oscar Enterprises paid the amount to the present applicant and PPE kits & Masks were not supplied.

4. Learned counsel for the State, per contra, would oppose the bail application.

5. Admittedly, co-accused Arun Jain has already been released on bail in M.Cr.C.No.4427 of 2020. Although the amount has been recovered from this applicant, but the fact remains that the offences are triable by the JMFC.

6. Considering the relevant aspects of the matter, also considering the fact that the applicant is in detention since 19-6-2020 and further considering the fact that the mother of the applicant died on 11-10-2020, I am of the opinion that present is a fit case to release the applicant on regular bail.

7. Accordingly, the bail application M.Cr.C.No.5890 of 2020 is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

8. Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Judge