High Court Of ChhattisgarhCRMP/76/2021dismissed

Ankit Agrawal v. State Of Chhattisgarh

2021-01-29Hon'Ble Shri Justice Gautam Chourdiya2 pages

Cr.M.P. No. 76 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.M.P. No. 76 of 2021 • Ankit Agrawal, son of Shivkumar Agrawal, aged around 35 years, resident of near Kewada Badi Bus Stand Road, Raigarh, Tahsil & District Raigarh (C.G.) ---- Petitioner/Complainant

Versus

1. State of Chhattisgarh, through Station House Officer, Police Station- Kotwali, Raigarh (C.G.) --- State/Respondent

2. Saraswati Vishwakarma @ Sweta Vishwakarma, wife of Anand Ram Vishwakarma, aged around 21 years, resident of Village- Gonda, P.S. - Palari, Tahsil-Palari, District - Baloda Bazar - Bhatapara (C.G.) ---- Accused/Respondent For Petitioner/Complainant :

Shri Hari Agrawal, Advocate For Non-Applicant/State :

Shri Vimlesh Bajpai, Government Advocate Hon'ble Shri Justice Gautam Chourdiya, J Order on Board 29.01.2021

1. The petitioner has preferred this petition under Section 439 (2) read with Section 482 of the Cr.P.C. seeking cancellation of bail granted to respondent No.2 vide order dated 21.12.2020 passed by the Seventh Additional Sessions Judge, Raigarh (C.G.) in Bail Petition No. 908 of 2020.

2. Heard on admission.

3. Learned counsel for the petitioner submits that respondent No.2 had wrongly mentioned her name as Saraswati Vishwakarma @ Sweta Vishwakarma before the trial Court whereas her name is Shweta Agrawal and she has been granted anticipatory bail from the said Court.

4. Considering the facts and circumstances of the case and material available, the fact that respondent No.2 is an accused in connection with Crime No. 912/2020 registered in Police Station Kotwali, Raigarh for offence

Cr.M.P. No. 76 of 2021 punishable under Section 420 of IPC and she had filed application under Section 438 of Cr.P.C. before the trial Court for granting her anticipatory bail in connection with the aforesaid offence and she has been granted anticipatory bail by the said Court. This Court is not inclined to cancel the bail of respondent No.2 on the ground raised by the petitioner at this stage. Accordingly, the present Cr.M.P. being without any substance is hereby dismissed at the motion stage.

5. In view of the above, I.A. No. 01/2021, application for grant of ad-interim relief stands disposed of.

Sd/- (Gautam Chourdiya) Judge vatti