Chattisgarh High Court
Eliazer Kumar vs State Of Chhattisgarh on 29 May, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
Digitally
signed by
AMIT
PATEL
2025:CGHC:22439
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 4181 of 2025
1 - Eliazer Kumar S/o Fajihat Ram Aged About 40 Years R/o Alfa And Omega
School Thakurpur, Gandhi Nagar, Ambikapur, District Sarguja, Chhattisgarh.
... Applicant
versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station
Lailunga, District Raigarh, Chhattisgarh.
---- Non-Applicant
For Applicant : Mr. Sudhir Kumar Sahu, Advocate.
For Non-Applicant : Mr. Neeraj Sharma, Deputy Advocate General.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
29.05.2025
1.
This is the First bail application filed under Section 483 of the BNSS for
grant of regular bail to the applicant who has been arrested in
connection with Crime No. 213/2024 registered at Police Station,
Lailunga, District- Raigarh (C.G.), for the offence punishable under
Sections 420, 34 of IPC.
2. Heard on I.A. No. 01/2025, which is an application for grant of
temporary bail.
3. Case of the prosecution, in brief, is that the complainant who has
lodged the written report against the present applicant along with other
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accused persons with intend that the applicant is director of company
Dream Alpha Omega Multitrade Service Pvt. Ltd. And accused persons
have promised to the complainants 50% of loan should be given to the
borrower and 10 % should be given to agent and 40% should be given
to the said company if providing finance loan from the bank by the
company and also promised to liability to repay the loan amount upon
the said company, and after providing finance amount from the Bank,
the company has repay of financed loan on some time and thereafter,
the company has not provided repay of finance loan amount and like
this the accused persons have embezzled the amount of Rs.
81,34,937/- with the borrowers/complainant. Based upon such
complaint, the concerned Police Station has registered the offence
under Section 420, 34 of IPC.
4. Learned counsel for the applicant submits that he has filed an
application for grant of temporary bail to the applicant on the ground
that his father has died on 20.05.2025 therefore, he sought temporary
bail for performing lasts rituals of his father as there is no male
members to take care of all formalities of death of his father except
him. Hence, he prays for grant of temporary bail to the applicant on this
ground.
5. On the other hand, learned State counsel opposes the bail application
of the applicant and submits that in the present case, the charge-sheet
has been filed before the competent Court, however, the fact that the
present applicant along with co-accused persons have embezzled the
amount of Rs. 81,34,937/- with the borrowers/complainant, further the
applicant has one antecedent of similar nature of the year 2024, hence
he is not entitled for grant of bail.
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6. I have heard learned counsel for the parties and perused the case
diary.
7. Taking into consideration the facts and circumstances of the case,
nature and gravity of offence levelled gainst the applicant and further
the fact that the present applicant is the Director of the company who
has cheated and misappropriated the amount of Rs. 81,34,937/- with
the borrower/ complainant and is the main accused in the present
case, who has one criminal antecedent of similar nature of the year
2024 and further the fact that co-accused who have already been
granted bail by this Court in MCRC Nos. 2773 of 2025 and 3516 of
2025, is the wife of the applicant having two minor children and the
other one is the employee of the applicant and their cases are
distinguishable from the case of the applicant, I am not inclined to grant
regular bail to the applicant.
8. Accordingly, the First bail application of the applicant namely Eliazer
Kumar, involved in Crime No. 213/2024 registered at Police Station,
Lailunga, District- Raigarh (C.G.), for the offence punishable under
Sections 420, 34 of IPC., is rejected at this stage.
9. At this stage, learned counsel for the applicant submits that the father
of the applicant has died on 20.05.2025 and his father’s lasts rituals
performance will be held on 30.05.2025 and the same has been
verified by the learned State Counsel.
10. Considering the aforesaid fact, I am inclined to grant parole/short term
bail to the applicant for the period of 1 week from the date of his
release on an undertaking that he shall surrender before the concerned
trial Court on the date to be given by the trial Court on his furnishing a
personal bond with a sum of Rs. 1,00,000/- with two sureties, out of
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which, one should be family member in the like sum to the satisfaction
of the concerned trial Court. The applicant is directed to cooperate with
the trial and during the release on parole/ short term bail, he shall not
indulge in tempering of evidence or involve in any criminal activities,
failing which, the trial Court is at liberty to take him into custody and
sent him to jail.
11. Office is directed to send a certified copy of this order to the trial Court
concerned for necessary information.
12. Certified Copy today itself.
Sd/-
(Ramesh Sinha)
Chief Justice
AMIT PATEL