Advocates:
['Aditi Singhvi', '', 'Saurabh Dangi', 'UTKAL PRADHAN', 'A G', '', 'PALLAV MISHRA OBJECTOR']

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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC (A) No. 666 of 2021

1. Bhanu Kumar Rai S/o Bhagwat Rai, Aged About 47 Years.

2. Smt. Geetaram Rai, W/o Bhanu Kumar Rai, Aged About 36 Years.

Both are R/o- village - Sargaon, Tehsil - Pathariya, District – Mungeli,

Chhattisgarh.

---- Applicants

Versus

State of Chhattisgarh Through - Station In-charge, Police Station -

Sargaon, District – Mungeli, Chhattisgarh.

--- Respondent

For Applicant

: Mr. Sourabh Dangi, Advocate.

For State

: Mr. B.P. Banjare, Dy. GA.

For Complainant

: Mr. Pallav Mishra, Advocate.

(Proceedings through video conferencing)

Hon'ble Shri Justice Parth Prateem Sahu

Order on Board

13/08/2021

Heard.

1. Applicants have filed this bail application under Section 438 of Cr.P.C.

apprehending their arrest in connection with Crime No.27/2021 registered

at Police Station –Sargaon, Distt -Mungeli, (CG), for commission of

offence punishable under Section 406 read with Section 34 of the Indian

Penal Code.

2. Case of the prosecution, in brief, is that applicants, who are relatives of

complainant, were working with complainant in her petrol pump running

in name of Bharti Fuels, Sargaon. In the year 2013, Indian Oil

Corporation Limited issued an advertisement for allotment of Gas

Agency. Present applicants shown their intention to take gas agency and

asked complainant to extend financial help, and in-turn, they will give her

appropriate profit. Complainant, came in words of applicants and

extended loan of Rs.35 lacs after entering into agreement that until loan

amount is refunded, she will operate Gas Agency. Applicants have

purchased land for which also she extended loan of Rs.12 lacs out of

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which, 18 decimal land was purchased in name of applicant No.1 and 6

decimal land was purchased in name of complainant. Gas Agency came

in operation in the month of February 2015 and thereafter complainant

was managing the affairs of gas agency. But suddenly possession of gas

agency was taken up the applicants in the month of January 2018.

Applicants have cheated and misappropriated the fund handed over by

complainant. Based upon complaint, instant crime is registered against

present applicants.

3. Learned counsel for the applicants submits that it is not in dispute that

applicants are uncle and aunt of complainant. It is also undisputed fact

that after issuance of advertisement, applicants have shown their interest

of taking gas agency for which they have taken loan of Rs.35 lacs. At the

time of taking loan amount, written agreement was executed between the

parties in an ordinary paper and applicants abided conditions of

agreement. As per agreement loan amount is to be returned to

complainant with interest at the rate of 12% per annum. As per

agreement, complainant herself operated the gas agency for a period of

3 years and has taken profit, which is appearing from balance sheet

enclosed alongwith application for taking documents on record, which

comes to Rs.3,23,705/-, Rs.5,90,000/- and Rs.6,21,042/-. It is also

pointed out that as per agreement she was to run gas agency for the

period of one year but she has operated for a period of 3 years. The

property handed over to complainant is owned by applicants as gas

agency and the land upon which gas agency was constructed is in name

of applicant No.1. It is applicants, who took over their own business for

which license by the Indian Oil Corporation Limited was issued in their

name. Hence, offence under Section 406 of Cr.P.C would not be

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attracted. If at all complainant was aggrieved is only with respect to

refund of the loan amount which is dispute of civil nature but only to make

pressure upon applicants, instant crime is got registered against them. It

is further pointed out that with respect of amount of Rs.12 lacs at the