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High Court Of ChhattisgarhMCRCA/170/2020allowed

Ajit Singh Luthra v. State Of Chhattisgarh

2020-06-17Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 170 of 2020

1. Ajit Singh Luthra, aged about 64 years, S/o late Pritam Singh Luthra, Occupation Business, R/o Opposite Gurudwara Guru Singh Sabha, Gondpara, Police Station City Kotwali, Bilaspur (CG) ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Sarkanda, Bilaspur, Tehsil and District Bilaspur, (CG) ---- Non-Applicant For Applicant : Shri RS Marhas, Advocate.

For Non-Applicant : Shri Siddharth Dubey, Deputy GA. Proceeding through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 17/06/2020 :

1. The applicant has preferred this bail application for grant of anticipatory bail as he apprehends his arrest in connection with Crime No.4/2020, registered at Police Station Sarkanda District Bilaspur for offences punishable under Sections 294, 306, 406, 420, 506-B/34 and 120-B of the IPC.

2. The applicant aged about 64 years had an agreement to purchase the land belonging to the deceased. At the time of agreement some advance amount was also paid to the deceased, however,

the applicant and co-accused later on found that the father of the deceased had already entered into an agreement and sold the land to some other person.

3. In view of the above fact, it is a triable issue as to whether the applicant's act of demanding back the money would constitute abetment to commit suicide. The applicant being aged about 64 years and there being an agreement to purchase the land, in the considered opinion of this Court, the applicant is entitled for grant of anticipatory bail.

4. Accordingly, the application is allowed and it is directed that in the event of arrest of the applicant, he shall be released on anticipatory bail on his 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) he shall make himself available for interrogation by a police officer as and when required;

(ii) 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 facts to the Court or to any police officer.

Sd/- Judge (Prashant Kumar Mishra) Barve