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High Court Of ChhattisgarhMCRC/4668/2016dismissed

U. Rupa @ Rukmani v. State Of Chhattisgarh

2016-08-19Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4668 of 2016 U. Rupa @ Rukmani Wed/o. U. Amanna Aged About 65 Years R/o Bhawani Nagar, Ward No. 4, Sirgitti, Police Station Sirgitti, Rev. And Civil District Bilaspur, Chhattisgarh.

----Applicant

Versus

State Of Chhattisgarh Through Police Station Sirgitti, Revenue & Civil District Bilaspur, Chhattisgarh. .

---- Respondent For applicant - Shri Rupesh Shrivastava, Advocate. For Respondent/State - Shri Neeraj Sharma, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 19/08/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.163/2015 registered in Police Station Sirgitti, Revenue & Civil Dist. Bilaspur (C.G.) for offence punishable under section 420, 201/34 of Indian Penal Code read with Section 3, 4 of the Chit Fund and Money Circulation Scheme (Banning) Act, 1978.

2.

As per the prosecution case, the applicant received amount from the public with an assurance that if amount are deposited in 22 installments of Rs.5000/- and 10,000/- and at the end they will get matured amount with high return and further amount could not be returned and as such report was made.

3.

Learned counsel for the applicant submits that the statement of Rajiya, Meena Tondon and P. Ramanamma who made complaint to the police were recorded and according to their statement it would reveal that no offence has been committed, therefore the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the case diary and the documents which contains various statements of persons who have deposited different amounts at different point of time. Even appreciating evidence of the witnesses Rajiya, Meena Tondon and P. Ramanamma will not be feasible and giving finding on such examination and cross examination and to appreciate argument that how the amount could be deposited by the persons who were not earning, it is a matter to be decided after entire evidence is complete including other statement of the witnesses who also states that they have also deposited the amount. Considering the facts and circumstances and the nature of allegations, this court is not inclined to release the applicant on bail. 6.

Accordingly, the bail application is dismissed. Sd/- (Goutam Bhaduri) JUDGE gouri