Rampujan Kumar And Another v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1541 of 2020

1. Rampujan Kumar S/o Shri Mahesh Rajak Aged About 27 Years R/o Nanadh Tetarhath Police Station Lakhirsarai Tahsil And District Lakhisarai Bihar India.

2. Vipin Kumar S/o Shri Mohit Kumar Aged About 31 Years R/o Village Lacchu Bigha Mahanandpur Nalanda Bihar India. ---- Applicants

Versus

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

---- Respondent For Applicants Mr. Ajay Mishra, Advocate For Respondent /State Mr. Ayaz Naved, Govt. Advocate Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 10/2/2021

1. The applicants have preferred this application for grant of anticipatory bail, as they apprehend their arrest in connection with Crime No.375/2018, registered at Police Station Pandri, District Raipur, for offence punishable under Section 420/34 of the Indian Penal Code.

2. Complainant Derharam Sahu received a phone call in his mobile to the effect that he can get finance from Get Easy Finance Company and the complainant was asked to send his Aadhar Card, cancelled cheque, PAN Card and other

particulars through WhatsApp, which he satisfied and was thereafter told to deposit different amounts totaling Rs.68,025/-. The complainant was not provided any loan and instead he was cheated of the above amount.

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

4. The present applicants are sought to be arrested on the basis of statement given by one Honey Gupta and memorandum statement of the co-accused persons to the effect that the premises where from the office was operative was taken on rent by these two applicants.

5. Apart from this statement, there is no other evidence establishing that the applicants owned the company. The coaccused persons have been released on regular bail by a coordinate Bench of this Court vide order dated 1-2-2019 passed in MCrC No.10065 of 2018 and the complainant has already entered into a compromise with the said co-accused persons.

6. Considering the nature of evidence available against the present applicants, this Court is inclined to release the applicant on anticipatory bail.

7. Accordingly, the application is allowed and it is directed that in the event of arrest of the applicants, they shall be released on anticipatory bail on each of them executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:-

• they shall make themselves available for interrogation by a police officer as and when required;

• they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

• they shall not influence the witnesses during pendency of the trial.

Sd/- (Prashant Kumar Mishra) Judge Gowri