High Court Of ChhattisgarhMCRCA/184/2020allowed

Mohd. Hasnain v. State Of Chhattisgarh

2020-06-17Hon'Ble Shri Justice Prashant Kumar Mishra3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Mohd. Hasnain S/o Kurban, Aged About 27 Years R/o Village Phoolpur, Police Station Charcha, District Koriya , Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station Charcha, District Koriya Chhattisgarh ---- Respondent For Applicant Mr. Pawan Shrivastava, Advocate For Respondent/State Ms. Fouzia Mirza, Additional Advocate General Proceedings through Video Conferencing SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order on Board 17/6/2020

1. Heard.

2. This is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No. 206/2019 registered at Police Station Charcha, District Koriya (CG) for the offence punishable under Section 307 of IPC.

3. The applicant has allegedly tried to run over the motorcycle, in which, his brother-in-law (injured) was travelling. Though the

motorcycle has been damaged, but there is no serious injury caused to the injured, who happens to be the brother-in-law of the applicant. It is said that the origin of the incident is marital dispute between the applicant and his wife.

4. Considering all the relevant aspects of the matter, this Court is of the opinion that the present is a fit case, in which, the applicant should be extended the benefit of Section 438 of Cr.PC.

5. 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 OfÏcer with the following conditions :- (i) he shall make himself available for interrogation by a Police OfÏcer 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 for disclosing such facts to the Court or to any Police OfÏcer.

6. Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Judge Shyna