High Court Of ChhattisgarhMCRC/7629/2020allowed

Viraj Gupta v. State Of Chhattisgarh

2021-01-08Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 7629 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7629 of 2020 • Viraj Gupta S/o Ghanshyam Babu Gupta Aged About 24 Years R/o A /624, New Ashok Nagar Delhi 110096. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Chawki Padmanabhapur, P.S. Kotwali, Durg Chhattisgarh. ---- Respondent For Applicant :- Mr. Deepak Bora, Advocate For Respondent-State :- Mr. Ayaz Naved, G.A.

For Complainant :- Mr. T.K. Jha, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 08/01/2021

1. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.563 of 2020, registered at Police Station Chawki Padmanabhapur, P.S. Kotwali, Durg C.G. for the offences punishable under Section 420, 34 of the I.P.C.

2. Case of the prosecution, in brief, is that applicant used to call the complainant over his mobile phone and induced him to invest some amount in schemes of LIC. The complainant was directed to deposit amount in HDFC, Delhi branch account which does not belong to the applicant. The

MCRC No. 7629 of 2020 complainant deposited ₹ 10 Lacs in installments, in the said account which was allegedly opened by the applicant himself in the name of different individual. Since the amount was never invested in LIC or in any other financial instrument but it simply remained deposited in the account indicated by the applicant, the complainant became suspicious and lodged the FIR.

3. Learned State counsel would oppose the prayer for grant of bail.

4. Considering that the complainant, who is present in the Court and is represented by his counsel Mr. T.K. Jha, Advocate, has no objection in release of applicant on bail; the applicant is in jail since last about three months; the charge sheet has already been filed and for the fact that they have already entered into comprise, I am inclined to release the applicant on bail.

5. Accordingly, the application 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 for 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.

SD/- (Prashant Kumar Mishra) Judge Ayushi