High Court Of ChhattisgarhMCRCA/99/2021allowed

Smt. Chameli Sahu v. State Of Chhattisgarh

2021-03-18Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRCA No. 99 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 99 of 2021 Smt. Chameli Sahu, aged about 39 years, W/o Shri Balram Sahu, posted as Sarpanch, Village Sondara, Tehsil Dharsiwa, Police Station Dharsiwa, District Raipur.

---- Applicant

Versus

State Of Chhattisgarh Through Police Station Dharsiwa, District Raipur (CG) ---- Non-Applicant For Applicant : Shri Himanshu Sinha, Advocate.

For Non-Applicant : Shri Ravish Verma, Govt. Advocate. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 18/03/2021 :

1. The applicant has preferred this application for grant of anticipatory bail as she apprehends her arrest in connection with Crime No.446/2020, registered at Police Station Dharsiwa, District Raipur for offences punishable under Section 295 and 297/34 of the IPC.

2. The applicant being the Sarpanch of Gram Panchayat Sondara, Tehsil Dharsiwa has allegedly allowed the land belonging to burial ground for erection of tower for installation of electrical wire for supply of electricity to the different industries. The villagers were aggrieved by the applicant's action in issuing NOC for use of the land in the village which incidentally comprises of burial ground.

3. Considering the nature of allegations, I am inclined to extend the benefit of Section 438 CrPC to the applicant.

MCRCA No. 99 of 2021

4. Accordingly, the application is allowed and it is directed that in the event of arrest of the applicant, she shall be released on anticipatory bail on her executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:- (i) she shall not influence the witnesses during trial. (ii) she shall make herself available for interrogation by a police officer as and when required;

(iii) she 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 facts to the Court or to any police officer.

Sd/- Judge (Prashant Kumar Mishra) Barve