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High Court Of ChhattisgarhMCRCA/146/2021allowed

Saudamini Vishal, v. State Of Chhattisgarh

2021-03-05Hon'Ble Shri Justice Prashant Kumar Mishra3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 79 of 2021

1. Narendra Sahu S/o Shri Ravishanker Sahu Aged About 54 Years By Caste Kolta, R/o Village Bagaijor, Thana And Tahsil - Saraypali, District- Mahasamund (Chhattisgarh)

2. Ajay Bhoi S/o Shri Ramprasad Bhoi Aged About 38 Years By Caste Kolta, R/o Village Bardih, Thana And Tahsil - Basna, District Mahasamund (Chhattisgarh) ---- Applicants

Versus

• The State Of Chhattisgarh Through Station House Officer, Police Station- Saraipali, District Mahasamund (Chhattisgah), ---- Respondent • Saudamini Vishal, W/o Shri Baikunth Vishal, Aged About 24 Years R/o Village - Bagaijor, Police Station - Saraipali, District - Mahasamund Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through - Police Station - Saraipali, District - Mahasamund Chhattisgarh.

---- Respondent For Applicants in MCRCA No.79/2021:- Mr. Sunil Sahu, Advocate For Applicant in MCRCA No.146/2021:- Mr. Rajesh Kumar Kesharwani, Advocate For Respondent-State :- Mr. Arijit Tiwari, PL Hon'ble Shri Justice Prashant Kumar Mishra Order On Board

05/03/2021

1. Since both the anticipatory bail applications are arising out of same crime number, they are being heard and decided by this common order.

2. The applicants have preferred these bail applications for grant of anticipatory bail, as they apprehend their arrest in connection with Crime No.242/2020 registered at Police Station Saraipali, Distt. Mahasamund C.G. for the offence punishable under Section 409, 420/34 of the I.P.C.

3. At the relevant time Narendra Sahu was the Sarpanch while Ajay Bhoi was the Secretary of gram panchayat, Pretandi District Mahasamund. These two applicants along with third accused have committed misappropriation of ₹50,838/- by preparing forged muster-roll in the name of persons who are dead or residing outside the village and by withdrawing wages in their names.

4. Learned State counsel would oppose the prayer for grant of bail.

5. Considering the fact that co-accused Daitari Barik facing similar allegation has already been released on anticipatory bail by this Court in MCRCA No.958 of 2020, therefore, the present applicants are also entitled to be released on anticipatory bail.

6. Accordingly, both the anticipatory bail applications are allowed and it is directed that in the event of arrest of the applicants, they shall be released on anticipatory bail on their 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)they shall make themselves available for interrogation by a police officer as and when required;

(ii)they 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;

(iii) the applicants shall not influence the witnesses during pendency of the trial.

Certified copy as per rules.

SD/- (Prashant Kumar Mishra) Judge Ayushi