Station Surajpur, Tahsil Bhaiyathan, District Surajpur (C.G.) v. State of Chhattisgarh Through Station House Of
Case Details
1 2025:CGHC:13411 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2205 of 2025 Mahbub Ansari S/o Mohd. Safique Ansari Aged About 36 Years R/o Village Sonpur, Out Post Basdei, Police Station Surajpur, Tahsil Bhaiyathan, District Surajpur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police of Police Station Surajpur, District – Surajpur (C.G.) ---- Non-applicant For Applicant For Non-applicant/State : :
Legal Reasoning
Mr. Anil Kumar Gulati, Advocate. Mr. U.K.S. Chandel, Deputy Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 20.03.2025 Order on Board 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 558/2024, registered at Police Station – Surajpur, District – Surajpur (C.G.) for the offence punishable under Sections 420, 506 read with Section 34 of the Indian Penal Code (for short, IPC) and Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005. 2. The case of the prosecution, is that the complainant namely Vishal Gupta 2 is in touch with Ashfaq Ulla, Jarifullah and Shahrukh Ansari for the last one year and in the month of June, 2024, Ashfaq Ulla told him that his father Jarifullah works in the share market in Adani, who has good knowledge of share market, who invest money in such a company that doubles the money invested within 35 days, Ashfaq Ulla, Jarifullah and Shahrukh Ansari told him to invest Rs. 10 Lakhs and they will return the money in 35 days, they also issued a cheque of Rs. 10 Lakhs in favour of the complainant, after a month when the complainant asked for his invested amount, tye abused him with obscene languages and threatened to kill him, subsequently, on the basis of FIR lodged by the complainant, the Police registered the crime against the applicant. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and the co-accused have already been enlarged on bail by this Court vide orders dated 12.02.2025, 06.03.2025 and 10.03.2025 passed in MCRC Nos. 486/2025, 1832/2025 and 1923/2025. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 19.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case. It is further submitted that the complainant namely Vishal Gupta is in touch with Ashfaq Ulla, Jarifullah and Shahrukh Ansari for the last one year and in the month of June, 2024, Ashfaq Ulla told him that his father Jarifullah works in the share market in Adani, who has good knowledge of share market, who invest money in such a company that doubles the 3 money invested within 35 days, Ashfaq Ulla, Jarifullah and Shahrukh Ansari told him to invest Rs. 10 Lakhs and they will return the money in 35 days, they also issued a cheque of Rs. 10 Lakhs in favour of the complainant, after a month when the complainant asked for his invested amount, tye abused him with obscene languages and threatened to kill him, subsequently, on the basis of FIR lodged by the complainant, the Police registered the crime against the applicant, therefore, he is not entitled for grant of bail. 5. 6. I have heard learned counsel for the parties and perused all of the documents available on record. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the co-accused have already been enlarged on bail by this Court vide orders dated 12.02.2025, 06.03.2025 and 10.03.2025 passed in MCRC Nos. 486/2025, 1832/2025 and 1923/2025, charge-sheet has been filed against the applicant, the applicant is in jail since 19.01.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Mahbub Ansari, involved in Crime No. 558/2024, registered at Police Station – Surajpur, District – Surajpur (C.G.) for the offence punishable under Sections 420, 506 read with Section 34 of the IPC and Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 4 fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Rajshekhar Sd/- (Ramesh Sinha) Chief Justice