Hamid Meman vs The State Of Chhattisgarh
2022 Latest Caselaw 3334 Chatt

                                                                         NAFR

           HIGH COURT OF CHHATTISGARH, BILASPUR

                              MCRCA No. 41 of 2022

       Hamid Meman S/o Late Shri Haji Abbukar Aged About 45 Years R/o
       Pachpedi Naka Laxmi Nagar Raipur, District- Raipur, Chhattisgarh,
       District : Raipur, Chhattisgarh

                                                                ---- Applicant
                                   Versus

       The State Of Chhattisgarh Through The Station House Officer, Police
       Station- Kanker, District- North Baster, Kanker, Chhattisgarh, District :
       Kanker, Chhattisgarh

                                                          ---- Non-Applicant

For Applicants            :   Shri Raza Ali, Advocate
For State                 :   Shri Raghvendra Verma, Govt. Advocate


                 Hon'ble Justice Shri Gautam Chourdiya
                              Order on Board

09/05/2022

1)     The applicant has preferred this First Bail Application under
       Section 438 of Cr.P.C. as he is apprehending his arrest in
       connection with Crime No.124/2017 registered at Police Station
       Kanker, District North Bastar Kanker (C.G.) for the offence
       punishable under Sections 420/34 of Indian Penal Code, Section
       3, 4 of the Prize Chits and Money Circulation Scheme (Banning)
       Act, 1978 and Section 10, 06 of the Chhattisgarh Protection of
       Depositors Interest Act, 2005.

     2) As per the prosecution case, it is alleged that the present
       applicant along with other co-accused persons allured the
       complainants to get double the amount within 5½ years and
       invested their money of Rs. 2 Lacs in one Anmol India Agro
       Herbal Farming & Dairy Care Company Ltd. However, even after
       the maturity date, neither the invested amount nor the maturity
       amount was given to the complainant. Based on this, offence
       was registered against the present applicant and other co-
         accused persons.

     3) Learned counsel for the applicant submits that the applicant is
        innocent person and has been falsely implicated in this case. He
        further submits that the applicant was never appointed or worked
        as Director or agent of the company, charge-sheet has already
        been filed and co-accused persons who were agent and
        Directors of the said company have been acquitted of all the
        charges by the trial Court vide judgment dated 11/12/2019
        (Annexure A/2), therefore, the applicant be released on
        anticipatory bail.

4)     On the other hand, learned counsel for the respondent/State has

opposes the bail application.

5) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the fact that the applicant was not the Director of the company, main accused has been acquitted from the charges and no any specific allegation against the applicant as he is Director of the company, co-accused persons namely Mohd. Junaid Meman and Mohd. Khalid Meman in this case have been acquitted of all the charges by the trial Court vide judgment dated 11/12/2019 (Annexure A/2) and one of the co-accused namely Dinesh Kumar Korram died during pendency of the trial, there is no apprehension of the applicant tampering with the evidence or absconding as admitted by both the counsel and conclusion of trial is likely to take some time for disposal, without commenting anything on merits of the case, this Court is of the opinion that present is a fit case for granting anticipatory bail to the applicant. Accordingly, the application is allowed.

6) It is directed that in the event of arrest of the applicant in connection with the aforesaid crime, he shall be released on bail by the Arresting Officer on furnishing a personal bond for a sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the Arresting Officer. Applicant shall be released on bail on the following conditions:-

i. he shall make himself available for interrogation before the Police as and when required,

ii. he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such fact to the Court or to the Investigating Officer,

iii. he shall not act in any manner which will be prejudicial to fair and expeditious trial, and

iv. he shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.

v. he shall not involve himself in any offence of similar nature in future.

Let a copy of this order be forwarded to the concerned Police Station forthwith who shall inform the trial Court in the event of applicants involving himself in similar offence in future.

Sd/-

(Gautam Chourdiya) Judge Kamde