Chattisgarh High Court
Preeti Vaishya vs State Of Chhattisgarh on 2 January, 2023
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 8314 of 2022
• Utpal Chaterjee S/o T. K. Chaterjee Aged About 46 Years R/o Sahupara,
Ward No. 05, P. S. Surajpur, District : Surajpur, Chhattisgarh
---- Applicant
Versus
• State Of Chhattisgarh Through Station House Officer, Police Station Surajpur,
District : Surajpur, Chhattisgarh
---- Non-applicant
MCRC No. 9031 of 2022
• Preeti Vaishya W/o Sanjay Vaishya Aged About 41 Years R/o Ward No.21
Janta Colony, Infront Of Reck Point Chindwada Police Station Kudipura,
District : Chhindwara, Madhya Pradesh
---- Applicant
Versus
• State Of Chhattisgarh Through Station House Officer, Police Station Surajpur,
District : Surajpur, Chhattisgarh
---- Non-applicant
MCRC No. 9870 of 2022
• Rishi Nayak S/o Ghanshyam Lal Nayak Aged About 26 Years R/o Village
Budhiya Police Station Tamnar District Raigarh Chhattisgarh.
• Digvijay Das Bairagi S/o Tulsi Das Bairagi Aged About 36 Years R/o Village
Budhiya Police Station Tamnar District Raigarh Chhattisgarh.
---- Applicants
Versus
• State Of Chhattisgarh Through Station House Officer, Police Station Surajpur,
District Surajpur Chhattisgarh.
---- Non-applicant
MCRC No. 9132 of 2022
• Madan Mishra S/o Late Tuleshwar Prasad Mishra Aged About 44 Years R/o
Village Batara Misirpara, Police Station Jainagar Police Chouki Karanji, Tahsil
Bhaiyathan, District : Surajpur, Chhattisgarh
2
---- Applicant
Versus
• State Of Chhattisgarh Through S.H.O. Police Station Surajpur, District :
Surajpur, Chhattisgarh
---- Non-applicant
For Applicants : Mr. Awadh Triapthi, Adv. along with
Rohitasha Singh, Advocate
For Non-Applicant/State : Mr. B.P. Banjare, Dy. G.A.
Hon'ble Shri Justice Sachin Singh Rajput
Order On Board
02/01/2023
The applicants have been arrested in connection with Crime No. 196/2022
registered at Police Station - Surajpur, District - Surajpur (C.G) for alleged
commission of offences under Section 420, 120-B, 34 of Indian Penal Code.
2. Prosecution case in brief is that the complainant lodged a report that applicant
along with other co-accused made an institution NGO Aas Kalyan, Om Sabri Sai
Welfare Society, various training center running in the name of Gurukul Vidya
Ashram and committed forgery of Rs. 1,22,75,000/- from 1850 beneficiary in the
name of various training centers, as per the said report the offence has been
registered against the present applicants.
3. Learned counsel for the applicants submit that applicants have not committed
any offence, they are falsely implicated in the case. They further submits that
applicants are employees of the NGO which was involved in imparting education
with regard to manufacturing of vermicompost, computer training and stitching. They
further submitted that the allegation of receiving huge amount from various
applicants is not against the present applicant rather it has been deposited in the
account of the NGO and the present applicant are not Directors or anywhere
involved in performance of usual work of NGO, they are only employees who are
engaged by the NGO for aforesaid training to various complainants. The
investigation is complete, charge-sheet has been filed and according to charge-
sheet there are 49 witnesses, applicants are in jail since
28/06/2022,15/05/2022,15/05/2022 and 18/06/2022 respectively and trial is likely to
take some time. They relied upon the judgment of Hon'ble Supreme Court in the
case of Sanjay Chandra versus Central Bureau of Investigation, (2012) 1 SCC
40, therefore, the applicants may be granted bail.
4. On the other hand, learned State counsel opposes the bail application and
submits that looking to the amount involved in the offence, investigation which has
been conducted, the involvement of the present applicants is made out and this is
not stage to grant of bail therefore looking to the seriousness of the allegation
against the applicants, the bail application may be rejected.
5. I have heard learned counsel for the parties and considered their rival
submissions.
6. Considering the facts and circumstances of the case, looking to the nature of
allegation, submission made by learned counsel for the parties and detention period
of the applicants, looking to overtact and trial may take some time for conclusion,
charge-sheet has already been filed I am inclined to allow this bail application.
7. It is directed that the applicants shall be released on bail on they furnishing a
personal bond in the sum of Rs.25,000/- each along with one solvent surety for the
like amount to the satisfaction of the concerned trial Court on the condition that -
a) They 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 him from
disclosing such facts to the Court.
b) They shall not act in any manner which will be prejudicial to fair and
expeditious trial.
c) They shall not involve themselves in any offence of similar nature in future.
8. It is made clear that the observations made herein above is only for the
purpose of deciding the bail application and the trial Court will decide the case on its
own merits without being influenced by any observation made herein above. It is
also made clear that the victim/complainant or State is at liberty to move an
application regarding cancellation of bail of the applicants in the event of applicants
involving themselves in similar offence in future or violates any of the conditions.
Certified copy as per rules.
Sd/-
( Sachin Singh Rajput )
Judge
vaishali
