Santosh vs State Of Chhattisgarh
2022 Latest Caselaw 4855 Chatt

                                                                            NAFR

              HIGH COURT OF CHHATTISGARH, BILASPUR

                          MCRC No. 6721 of 2022

 • Santosh, S/o Rampal Sahu, Aged About 48 Years, R/o Plot No. 271, Small
   Factory Area, Bhandara Road, Near Harihar Mandir, Pritam Complex,
   Nagpur Maharashtra At Present In Central Jail.

                                                                   ---- Applicant

                                    Versus

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

                                                               ---- Respondent

28/07/2022 Shri B.P. Sharma, Counsel for the Applicant.

Shri Shivnath Shrivas, P.L for the State.

Call for the case-diary.

Heard on I. A. No.02/2022 which is an application for grant of ad-interim bail to the applicant.

The accused/applicant has preferred this petition for grant of regular bail in connection with Crime No.163/2022 registered at Police Station- Azad Chowk, District- Raipur, (C.G.) for the offence punishable under Sections 420, 120-B of the Indian Penal Code.

Learned counsel for the applicant submits that after perusal of the FIR, it would be clear that there is no allegation of cheating against the present applicant and main allegation of cheating is against one Swapnil Mittal alleged by the complainant. The applicant has filed the writ petition bearing WPCR No. 609 of 2022, wherein vide order dated 22.07.2022, this Court has been pleased to grant ad-interim protection in favour of the petitioner, therefore, he may be released on ad-interim bail till final disposal of the bail application. In support of his argument, learned counsel for the applicant has placed reliance on the judgment rendered by Hon'ble Supreme Court in the matter of Satender Kumar Antil v. Central Bureau of Investigation reported in AIR 2022 SC 3386.

Per contra, learned State counsel vehemently opposes the ad-interim bail application filed by the applicant and submits that looking to the FIR, there is direct allegation of cheating against the applicant by the complainant.

I have heard learned counsel for the parties and perused the material available on record including order dated 22.07.2022 passed in WPCR No. 609/2022, whereby it is observed as under:-

"Having considered the contents of FIR, prima facie, it appears that on receipt of supply order from Swapnil Mittal of S.M. Shop, the complainant supplied 179.990 tons of TMT bars worth Rs.1,29,06,935/-, therefore, the allegation of fraud was levelled mainly against Swapnil Mittal. In respect of the present petitioner, In respect of the present petitioner, it has been stated that he had business transactions with Swapni Mittal and not with the complainant.

Having considered the facts situation, it is directed that no coercive steps shall be taken against the petitioner for recovery of dues which might have been agreed for the business deal struck between complainant and Swapnil Mittal."

Considering the contents of FIR and order dated 22.07.2022 passed in WPCR No.609/2022 of this Court, I.A. No. 02/2022 is allowed.

It is directed that the applicant shall be released on ad- interim bail on his furnishing a personal bond in sum of Rs.5,00,000/- with one local surety in like sum to the satisfaction of the concerned trial Court, till the final disposal of the present case.

Sd/-

(Rajani Dubey) Judge Ruchi