P. R. Nirmal v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 50 of 2020 • P. R. Nirmal S/o Shri Baldau Ram Nirmal, Aged About 65 Years R/o Rajim, Tehsil- Rajim, Thana- Rajim, District- Garyiband, Chhattisgarh. ---- Applicant
Versus
• State Of Chhattisgarh Through Police Station, Baghnadi, DistrictRajnandgaon, Chhattisgarh. ---- Respondent _______________________________________________________________ For Applicant : Shri Anil S. Pandey, Advocate.
For Respondent/State : Shri Anand Verma, Dy. G.A.
__________________________________________________________ Hon'ble Shri Justice Arvind Singh Chandel Order On Board 13/02/2020
1. The Applicant is apprehending his arrest in connection with Crime No. 35/2019 registered at Police Station Baghnadi, District - Rajnandgaon, (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 120-B, 34 of Indian Penal Code.
2. Facts of the case in brief is that, on 11.08.2019 complainant Vivek Agrawal made a report alleging therein that certain government land has been sold by co-accused Harjinder Singh Bhatia by manipulating in revenue records. Subsequently, when inquiry was made by complainant, it was revealed that co-accused Harjinder in connivance with co-accused Awadh Kumar Soni (Patwari) and present applicant, sold the government land. On the basis of the said, offence has been registered.
3. Learned Counsels appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present
case. It is further submitted that at the relevant time, applicant was posted as Tahsildar and being a Tahsildar, applicant has submitted the mutation register and passed the order of mutation. Applicant is not involved in crime in question. Main accused person is the Patwari. He further submits that co-accused person Awadh Kumar Soni (Patwari) has already been granted anticipatory bail by this Court vide order dated 19.12.2019 passed in MCRCA No. 1900/2019. Other coaccused persons namely B.B. Singh and Harjinder Singh have also been granted anticipatory bail by this Court vide order dated 29.11.2019 passed in MCRCA No. 1453/2019 and MCRCA No. 1464/2019 respectively. Therefore, it is prayed that, present applicant may also be granted benefit of anticipatory bail.
4. Learned Counsel appearing for the State opposes the bail application.
5. I have heard learned Counsel appearing for the parties and perused the material available with due care.
6. Taking into consideration the submissions put-forth on behalf of the parties, considering the facts and circumstances of the case, evidence collected by the prosecution and further considering the fact that coaccused persons namely B.B. Singh and Harjinder Singh Bhatia have already been granted benefit of anticipatory bail by this Court vide order dated 29.11.2019 passed in MCRCA No. 1453/2019 and MCRCA No. 1464/2019 respectively, also Awadh Kumar Soni (Patwari) has also been granted anticipatory bail by this Court vide order dated 19.12.2019 passed in MCRCA No. 1900/2019, therefore, without further commenting on other merits of the case, I am inclined to extend the benefit of anticipatory bail to the present applicant.
7. Accordingly, the bail application is allowed.
8. It is directed that in the event of arrest of the applicant in connection with the aforesaid crime, he shall be released on anticipatory bail on furnishing a personal bond in the sum of Rs. 20,000/- with one solvent surety for the like sum to the satisfaction of the Arresting
Officer/Presiding Officer of the concerned trial Court. He shall also abide by all the following terms and conditions : (i) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.
Sd/- (Arvind Singh Chandel) Judge Prakash