PRASIT KUMAR BASAK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Invoking jurisdiction of this Court under Section 439 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') for grant of regular bail, applicant has filed this application, who has been arrested on 06/11/2014 in connection with Crime No.412/14, registered at Police Station Civil Lines, Distt, Raipur (C.G.), for the offence punishable under Sections 420, 120-B, 34 of Indian Penal Code.

(2.) Case of the prosecution, in brief, is that, present applicant along with other two co-accused persons, namely- Tarak Ranjan* Manjhi, Director, JST Homes Pvt. Ltd. and his wife- Smt. Shikha Manjhi allured the complainant - Neena Jain and her husband for investing money in the Company established by co-accused Tarak Ranjan Manjhi namely JST Homes Private Limited and on such allurement, the complainant invested Rs.3.50 crores till June 2012 through cash and cheques. Tarak Ranjan and Smt. Shikha Manjhi promised the complainant to return the amount by doubling the same in two years. It is further case of the prosecution that in June 2012, the applicant transferred his land situated at Navapara, Rajim, admeasuring 6800 sq.ft. valuing at Rs. 1 crore and a commercial plot admeasuring 4000 sq.ft., situated at Kavita Nagar, Avanti Vihar in the name of co-accused Tarak Ranjan Manjhi and Smt. Shikha Manjhi on the assurance that they would be selling those lands and return the total amount of Rs.5.50 crores with interest and later on, the company was found fake and thereby present applicant along with two other co-accused persons have cheated the complainant.

(3.) Learned counsel for the applicant would submit that present applicant is the brother-in-law of the complainant Smt. Neena Jain, and as such, he has been falsely implicated in the case. He would further submit that he has not committed any such offence, and there is no role of the present applicant in the offence in question. He would lastly submit that present applicant is in jail since 06/11/2014 and the charge sheet has been filed, therefore, he may be released on regular bail.