Nitesh Kumar Sharma vs State Of Chhattisgarh

After carrying out the necessary correction in the application for grant of bail by Learned Counsel for the Applicant, the matter is heard finally.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the Applicant who has been

arrested in connection with Crime No.165 of 2017 registered at Police Station Tarbahar, District Bilaspur for offence punishable under Sections 420,

406 and 407 of the Indian Penal Code.

Case of the prosecution, in brief, is that the Applicant established an outsourcing company in the name of Aradhya B.P.O. Private Limited in the

year 2014 and on 8.3.2017, he, by enticing Complainant Krishna Kumar Tiwari and others of getting handsome profit in lieu of printing of foreign

books, got them deposited crores of rupees and thereafter closed his office. In this way, the Applicant cheated the Complainant and others and

committed the offence punishable under Sections 420, 406 and 407 of the Indian Penal Code.

Learned Counsel appearing for the Applicant submits that the Applicant has been falsely implicated in the case. He is innocent. He received an

oder from one company, namely, APS Solution Private Limited situated at Gurgaon, Haryana while searching for the project job work through

Internet. Thereafter, he met Shri Raghvendra Singh Saluja, Director of the APS Solution Private Limited and also the other Directors of the said

company. After verification of the company status and details of the Directors, he signed a franchisee agreement with APS Solution Private Limited,

Gurgaon and he deposited Rs.25,000/- in the account of the said company. After that, first lot of the job work was granted to him by the said

company. It is further submitted that the Applicant has been cheated by the said company. He was also enticed by the said company for depositing

advance money and getting the project work of scanning of books. The Applicant has not received any wrongful gain from any of the service

providers including the Complainant as Cheques were always being drawn in the name of the said company APS Solution Private Limited and the

money used to be deposited in the account of the said company. He has neither cheated the Complainant or others nor has he committed any breach

of trust. In fact, he himself has been cheated by the said company and he has suffered a huge loss. He is in custody since 23.5.2017. Charge-sheet

has been filed against him, but no charge has yet been framed against him. Trial will take a long time. Therefore, he may be released on bail.

Learned Counsel appearing for the State opposes the bail application.

I have heard Learned Counsel appearing for the parties and perused the entire case diary with due care.

Having regard to the facts and circumstances of the case and considering the role of the Applicant that though he had entered into an agreement

with the APS Solution Private Limited yet he worked as a vendor for the said company and also helped the company in finding other vendors for the

company, he himself has not received any payment or incentive for the work done by him for the company, he is not a recipient of the amount

deposited as security deposit with the said company, charge-sheet has been filed against him, he is in jail since 23.5.2017 and trial is likely to take some

time, without further commenting on merits of the case, I am inclined to release him on bail.

Accordingly, the bail application is allowed.

It is directed that the Applicant shall be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- with two solvent sureties each of

Rs.50,000/- to the satisfaction of the concerned Trial Court for his appearance before the said Court as and when directed.