Matuk Kashyap And Others v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR

1. Matuk Kashyap S/o Late Shri Ramcharan Kashyap Aged About 53 Years

2. Santosh S/o Mahettar Kashyap Aged About 45 Years

3. Ramratan Alias Ramdhan S/o Siyaram Kashyap Aged About 34 Years

4. Ramkumar S/o Darasram Kashyap Aged About 44 Years

5. Saroj S/o Darasram Kashyap Aged About 38 Years All are R/o Village Kaitha, P.S. Hasaud Tahsil Jaijaipur, District Janjgir Champa Chhattisgarh.

---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station Hasaud, District Janjgir Champa Chhattisgarh ---- Respondent For Applicants Mr. Awadhesh Mishra, Advocate For Respondent/State Mr. Roshan Dubey, Panel Lawyer Proceedings through Video Conferencing SB.: Hon'ble Mr. Prashant Kumar Mishra, Ag. CJ Order On Board 2/7/2021

1. Heard.

2. This is the second application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the

applicants, who are apprehending their arrest in connection with Crime No.47/2020 registered at Police Station Hasaud District Janjgir-Champa (CG) for the offence punishable under Sections 384, 34 of the IPC and Section 7 of the Protection of Civil Rights Act, 1955.

3. As per the report lodged by one Dhwajaram, it appears, his family was out-casted by the Caste Panchayat, in which, the applicants were present. It further appears there was marital dispute between the son of Dhwajaram and his wife, therefore, meeting of the Caste Panchayat was convened, wherein, the decision to out-caste Dhwajaram and his family was taken and he was also fined of Rs.10,000/- The offence of extortion has been registered on this allegation of imposition of fine by the Caste Panchayat.

4. Considering the nature of allegations, I am inclined to extend the benefit of Section 438 of Cr.P.C. to the applicant.

5. Accordingly, the application is allowed and it is directed that in the event of arrest of these applicants, they shall be released on anticipatory bail on each of them furnishing a personal bond for a sum of Rs.50,000/- with one surety each in the like sum to the satisfaction of the Arresting OfÏcer with the following conditions :- (i) they shall make themselves available for interrogation by a Police OfÏcer 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 for disclosing such facts to the Court or to any Police OfÏcer.

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

Certified copy as per rules. Sd/- ( Prashant Kumar Mishra) Acting Chief Justice Shyna