RAHUL RATHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is first application filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to applicant, who is in custody since 19/9/2021 in connection with Crime No. 412 of 2021 registered at Police Station Telibandha, Raipur District Raipur (C.G.) for commission of offence punishable under Ss. 406, 420, 34 of Indian Penal Code.

(2.) Case of prosecution, in brief, is that on 16/9/2021, Kusum Paikra lodged a written report stating therein that he was regular customer of P.C. Jewellers where Khushbu Soni was an employee for last may years, due to which, complainant developed relationship with Khushbu Soni. Khushbu Soni approached complainant stating there in that she will clean jewellery of complainant, took her jewellery and after some time, stated that she is opening one jewellery shop, wants to display the jewellery of complainant, she will return the same after some time. Those jewelleries were not return, but instead Khushbu Soni convinced the complainant for giving hand loan to her of Rs.44,00,000.00, to which also, complainant handed over, upon which, Khushbu Soni gave two post dated cheques to complainant, but neither amount nor ornaments were returned by her to complainant. Based on written report, FIR was registered against Khushbu Soni (co-accused) on the same day. During course of investigation, memorandum statement of Khushbu Soni was recorded, in which, she stated name of present applicant and he was arrested on 19/9/2021.

(3.) Learned counsel for the applicant would submit that in the entire complaint or statement of complainant, there is no mention of involvement of applicant in any manner in commission of crime. There is no allegations that applicant at any point of time approached complainant along with co-accused Khushbu Soni and obtained either jewellery or cash from complainant. His name for the first time came in memorandum statement of co-accused. Only on the basis of memorandum statement, applicant cannot be held guilty of offence as alleged against him. He submits that in statement of Anil Kumar Tiwari recorded under Sec. 161 of Cr.P.C., name of present applicant is mentioned. Anil Kumar Tiwari himself lodged a complaint, based upon which, Crime No. 254 of 2021 was registered before concerned Police Station, copy of which is placed on record along with objection. Perusal of the same would show that there is no allegation against applicant in the complaint of Anil Kumar Tiwari. There is no any criminal antecedent against applicant. Offences are triable by Judicial Magistrate First Class, which may take some time, hence, applicant may be enlarged on bail.