Advocates:
['Nishi Kant Sinha', '', 'SHAKTI RAJ SINHA', 'A G']

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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 590 of 2021

• Anil Lakra, S/o Sadaram Lakra, aged about 37 Years, R/o Village

Jhirpani (Jhariyakoch), Police Station Jhirpani, District Sundargarh

(Orrisa).

----Applicant

Versus

• State of Chhattisgarh, Through Station House Officer, Ambikapur,

District Surguja (Chhattisgarh).

----Non-applicant

For Applicant

Shri Nishi Kant Sinha, Advocate.

For State

Shri Vimlesh Bajpai, Government Advocate.

Hon'ble Shri Justice Gautam Chourdiya

Order on Board

18/03/2021

1. The applicant has preferred this first bail application under Section

439 of Cr.P.C. as he is in jail since 04.12.2020 in connection with

Crime No. 95/2020 registered in Police Station- Ambikapur, District

Surguja, C.G. for the offence punishable under Sections 419 & 420 of

IPC.

2. Prosecution case in brief is that the F.I.R. was lodged against co-

accused Jyotish Nishad that he allured several women of self help

group of getting interest upto 7,000/- rupees on 20,000/- rupees

yearly. He also allured them of providing loan from banks and the

loan amount obtained by these women was deposited in his bank

account and invested the money in IQ OPTIN share market. The

present applicant was arrested on the memorandum of co-accused

and he was made an accused in this crime. Only allegation against

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the applicant is that he had taken the money from the co-accused and

lost the said amount in IQ OPTIN share market. Therefore, the

applicant and the co-accused committed cheating with women of self

help group/beneficiaries for getting illegal gains.

3. Learned counsel for the applicant submits that the applicant is an

innocent person and has been falsely implicated in the crime in

question. He further submits that the money was collected by the co-

accused from women of self help group and gave some money to the

applicant and the applicant had invested the said money which he lost

in IQ OPTIN share market. He also submits that the applicant is in jail

since 04.12.2020 and conclusion of the trial is likely to take some time.

Some other beneficiaries who were allegedly cheated by the applicant

and co-accused also lodged report against the present applicant and

he has already been granted regular bail by the trial Court in Crime

No.29/2020 registered at police station Udaipur, District Surguja, C.G.

and by this Court in Crime No.61/2020 registered at police station

Darima, Surguja, C.G. in MCRC No.212 of 2021. Therefore, the

applicant be released on bail.

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

application.

5. Considering the facts and circumstances of the case, the fact that as

per statements of witnesses namely Basmatiya, Bansanti, Badkanoni

& others, one Jyotish Nishad had collected the money from women of

self help group whereas no money was collected by applicant from

them, that as per memorandum statement of the applicant, Jyotish

Nishad had collected the money from the women of self help group

and the amount of Rs.8,81,130/- provided by Jyotish Nishad to him for

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purchasing share which was invested by him in share market, the

main allegation is made against Jyotish Nishad & Anil Kumar Soni,

that the appellant has already been granted regular bail by this Court

and the trial Court in Crime Nos. 29/2020 & 61/2020 respectively

arising out of the present case, the detention period of the applicant,

who is 37 years old, conclusion of the trial is likely to take some time,

he has no criminal antecedent as admitted by both the counsel and

there is no apprehension of the applicant tampering with the evidence

or absconding, without expressing any opinion on merits of the case,

the bail application is allowed.

6. It is directed that in the event of applicant executing a personal bond

for a sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the

satisfaction of the concerned trial Court, he shall be released on bail

on the followin