Arun Mandal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5296 of 2018 Arun Mandal S/o Late Revti Mandal Aged About 31 Years R/o Banpur, Post Kharvi, P. S. Kamluk, Distt. Purab Mednipur West Bengal, District : Medinipur, West Bengal.

---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Chakradharnagar, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh.

---- Respondent For the Applicant :

Shri Awadh Tripathi, Advocate.

For the Respondent/State :

Ms. Madhunisha Singh, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

30.08.2018 Heard.

1.

This is the second bail application of the applicant. The first bail application was dismissed for want of prosecution on 4.5.2018 in M.Cr.C. No. 6351 of 2017. The applicant has been arrested in connection with Crime No.105 of 2016, registered at Police Station - Chakradharnagar, District Raigarh, Chhattisgarh for the offence punishable under Sections 420, 120B and 409/ 34 of the Indian Penal Code and Sections 4, 5, 6 and 10 of the Chhattisgarh Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2005. 2.

Learned counsel for the applicant submits that the applicant is in jail since 19.8.2017 and has been falsely implicated in this case. He is not the

main accused in this case. Co-accused - Somitra Das has been granted bail by the Co-ordinate Bench of this Court in M.Cr.C. No.2615 of 2018 dated 29.6.2018 and the applicant has a better case. After completion of investigation, the charge-sheet has been filed. The applicant is ready to abide by all the conditions imposed on him. Hence, it is prayed that the applicant be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.

Heard counsel for both the parties and perused the case diary. 5.

The applicant is Director of Tisha Agro Project India Limited. The agents of the Company gave inducement to the various investors to make investments in the fraudulent schemes of the Company. After the investments were received, the offices of the Company were closed and whereabouts of the concerned were not known. Hence, this case. 6.

Considering the entire material present in the case-diary and the trial of the case is likely to take some time for its final disposal, I am of the considered opinion that the applicant deserves to be released on bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to

the satisfaction of the concerned trial Court, for his appearance as and when directed. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi