LAWS(CHH)-2018-11-3

AJAY KUMAR TIWARI Vs. STATE OF CHHATTISGARH

Decided On November 02, 2018
AJAY KUMAR TIWARI Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) Since all the above bail applications arise out of a same crime, they are disposed of together by this common order.

(2.) M.Cr.C. No.7024 of 2018, M.Cr.C. No.7434 of 2018 and M.Cr.C. No.7696 of 2018 are first bail applications filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the Applicants who have been arrested in connection with Crime No.159 of 2018 registered at Police Station Rajendra Nagar, Raipur, District Raipur for alleged offence punishable under Sections 409, 420 and 120B of the Indian Penal Code. The Applicant of M.Cr.C.(A) No.1304 of 2018 is apprehending his arrest in connection with the aforesaid Crime No.159 of 2018.

(3.) The prosecution case, in brief, is that Complainant Mahesh Kumar Gupta is one of the Directors of one Gentle Entertainment Private Limited, Raipur (henceforth 'the Entertainment Company'). Applicant Suresh Nihal of M.Cr.C. No.7696 of 2018 is one of the shareholders of the Entertainment Company and all the other Applicants are also Directors of the Entertainment Company. Complainant Mahesh Kumar Gupta lodged a report alleging that he and the Applicants and some other persons, total 13 persons, are Directors of the Entertainment Company. It is alleged that the present Applicants were running the business of the Entertainment Company on behalf of other Directors also. The Entertainment Company purchased set top box worth total Rupees Nine Crores and Fifty Lakhs and received commission of Rupees Sixty Six Lakhs. However, allegedly, all the present Applicants have disbursed the amount of commission among them without knowledge of other Directors and thereby caused loss to the Entertainment Company. On the basis of the report of Complainant Mahesh Kumar Gupta, aforesaid Crime No.159 of 2018 has been registered for the alleged offence punishable under Sections 409, 420 and 120B of the Indian Penal Code.