Doman Lal Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C.(A). No. 23 of 2016

1. Doman Lal Sahu, S/o. Dhansay, aged about 40 years, R/o. VillageManki, Police Station Devri, Out Post Pinkapar, Tahsil-Dondi Lohara, Civil and Revenue District-Balod (C.G.) ----Applicant

Versus

1. State of Chhattisgarh, Through : Police Station -Devri, Out postPinkapara, District- Balod (C.G.) ---- Respondent For Applicant : Mr. B.P. Singh, Advocate For Respondent/State : Mr. Arvind Shukla, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 08/03/2016 1.

Apprehending arrest in connection with Crime No.274/2015 registered at Police Station- Devri, District - Balod (C.G.), for offence punishable under Section 354, 354(A), 457, 509 of the Indian Penal Code, the applicant has preferred this application for grant of anticipatory bail.

2.

As per the prosecution case, on 30.11.2015 at about 9.00 pm, the victim was at her home at that time, the applicant jumped in the courtyard in nude condition caught hold of her hands and tried to snatch her sarri and thereby the offence is committed. 3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case as earlier there has been a scuffle between the husband of the prosecutrix and the applicant, which resulted into severe beating of the applicant itself. He further submits that the complainant has filed an affidavit, wherein it is stated that they have compromised the case and they do not want any action. Therefore, the counsel prays that, the applicant may be extended the benefit of anticipatory bail.

4.

The State was directed to verify the facts as to whether any compromise has been affected between the victim and whether the affidavit has been sworn by the complainant.

5.

The State on verification has stated that the victim has entered into compromise and sworn the affidavit in support of the applicant. 6.

Perused the statement. Taking into such statement and the compromise, this Court is inclined to extend the benefit of anticipatory bail to the applicant.

7.

Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the officer arresting him on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions :

(i) that the applicant shall make himself available for interrogation before the investigating officer as and when required; (ii) that the applicant 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/her from disclosing such facts to the Court or to any police officer;

(iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram