Alok Kumar Bhadra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5476 of 2019 • Alok Kumar Bhadra, S/o Late Shri Sunil Kumar Bhadra, Aged About 76 Years, R/o C- 65, Sector, 2, Devendra Nagar, District Raipur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through: The SHO, Police Station Gole Bazaar, District Raipur Chhattisgarh.

---- Respondent For Applicant : Mr. Kishore Bhaduri, Adv.

For Respondent/State : Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 19.12.2019

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 108/2015 registered at Police Station Gole Bazaar, Raipur (C.G.) for the offence punishable under Sections 420/34, 409, 467, 468, 120B of I.P.C. & Sections 3, 4 & 5 of Chit fund & Money Laundering Act.

2. The prosecution story, in brief is that, complainant lodged a report that two subsidiary companies of Amritsar namely, Grindley Forestry India Ltd. and Grindley Projects and Developers Ltd. initiated the business of investing from the prospective investors in the year 1997 to 2000 and from 2000 to 2001. It is alleged that the applicant along with Santosh Sikder Ambala, K.P. Chandrakar and Swarn Singh were the directors of the company. The company was having around 200 agents and an amount of Rs. 8 crores were deposited by various investors. In the year 2009-10 the amount invested by the complainants came to its maturity but the company did not return any amount to the account holders. Thereafter,

offence has been registered against the present applicant and other co-accused persons.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the applicant is 76 years old person who is suffering from heart disease and other ailments due to his old age. Other co-accused has been granted bail in MCRC No. 3499/2016 so, the present applicant may also be granted benefit of bail. The applicant is in jail since 04.06.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the applicant is 76 years old person and other co-accused has been granted bail in MCRC No. 3499/2016. The applicant is in jail since 04.06.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 1,00,000/-, with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Ruchi