LAWS(CHH)-2023-6-26

OM PRAKASH SHARMA Vs. STATE OF CHHATTISGARH

Decided On June 27, 2023
OM PRAKASH SHARMA Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) These are the 1 st bail applications filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the Applicants, who have been arrested in connection with Crime No.1363/2022 registered at Police Station City Kotwali, District Raigarh (CG) for the offence under Ss. 420 and 120-B/34 IPC, under Ss. 6 & 10 of Chhattisgarh Protection of Interests of Depositors Act, 2005 as also under Ss. 3, 4 & 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978.

(2.) Case of the prosecution is that Complainant Vikas Niganiya had lodged FIR alleging that the present Applicants are the Branch Managers of Sahara India Group and have cheated him by alluring him to invest money to the tune of Rs.40.00 lacs but bond has been issued in the name of Sahara Multipurpose Co-operative Society Limited whereas, he was interested to invest in Sahara India and the bond issued was in the name of Sahara Credit Co-operative Society whereas, it carries a different identity from that of Sahara India, therefore, the offence as aforesaid has been registered against them.

(3.) Learned Senior Advocates for the Applicants submit that the Applicants are innocent and have been falsely implicated in the crime in question for which, they have been arrested on 16/1/2023 and 22/2/2023 respectively. They further submit that the Applicants are only salary based employees working as Managers, FIR has been lodged belatedly in the year 2022 whereas, the incident took place in the year 2017 and conclusion of trial is likely to take quite some time, therefore, they may be released on bail.