Rakesh Bhosle v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8474 of 2019 • Rakesh Bhosle S/o Mr. Sharvan Bhonsle Aged About 29 Years Resident Of Ravatpura Colony, Behind Rajesh Provision Stores, Bhatagaon, Purani Basti , Tahsil and District Raipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Azad Chowk, District Raipur, Chhattisgarh.

---- Respondent __________________________________________________________________ For Applicant : Shri Raza Ali, Advocate.

For Respondent/State : Shri Alok Nigam, G.A.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 16/03/2020

1. The applicant has preferred this second bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 37/2018, registered at Police Station - Azad Chowk, Raipur, District - Raipur, Chhattisgarh, for the offence punishable under Sections 420, 467-A, 468/34 of I.P.C. & Section 10 of Nipekshako Ke Hito Ka Sanrakshan Adhiniyam.

2. First bail application was earlier dismissed as withdrawn vide order dated 19.06.2019 passed in MCRC No. 3811/2019 with liberty to file afresh after six months if material witnesses not examined.

3. As per the prosecution story, present applicant is one of the Directors of Bhosle Properties India Private Limited alongwith Rajiv Bhosle and Rahul Bhosle. It is alleged that present applicant and other coaccused persons had promised to construct the house within the specified time and agreed to provide the same to the customers and for that they have obtained money from the customers. It is further

alleged that applicant and co-accused persons had neither provided the house nor returned the money to the customers. Also, after closing of the said company, applicant and co-accused persons were absconded. On the basis of the said, offence has been registered. Applicant has been taken into custody on 07.02.2018.

4. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. He further submits that till date only two witnesses have been examined before trial Court. It is further submitted that applicant is not the director of the said company. He is only the employee of the said company. Main accused persons are the co-accused namely Rajeev @ Raju Bhosle and Rahul Bhosle and they have already been granted regular bail by this Court vide order dated 02.03.2020 passed in MCRC No. 169/2020. Applicant is in custody since 07.02.2018 and trial is likely to take some time. Therefore, he may also be released on bail.

5. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

6. I have heard learned Counsel for the parties and perused the case diary.

7. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that coaccused persons namely Rajeev @ Raju Bhosle and Rahul Bhosle have already been granted regular bail vide order dated 02.03.2020 passed in MCRC No. 169/2020, Applicant is in custody since 07.02.2018 and trial is likely to take some time, therefore, without further commenting on merits of the case, I am inclined to release him on bail.

8. Accordingly, the bail application is allowed.

9. It is directed that the Applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the

like amount to the satisfaction of the concerned Trial Court for his appearance before the said Court as and when directed. Sd/- (Arvind Singh Chandel) Judge Prakash