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High Court Of ChhattisgarhMCRCA/232/2020allowed

Santosh Kumar Jaiswal And ANR. v. State Of Chhattisgarh

2020-06-24Hon'Ble Shri Justice Prashant Kumar Mishra3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR

1. Santosh Kumar Jaiswal S/o Hemant Lal Jaiswal Aged About 36 Years Caste - Kalar, R/o Nimdha, Police Station And Tahsil Marwahi, District Bilaspur Chhattisgarh

2. Madan Lal Jaiswal S/o Ganesh Prasad Jaiswal, Aged About 38 Years, Caste Kalar, R/o Nimdha, Police Station And Tahsil Marwahi, District Bilaspur Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House OfÏcer, Police Station Marwahi, Civil And Revenue District Bilaspur Chhattisgarh ---- Respondent For Applicants Mr. Nitansh Kumar Jaiswal, Advocate For Respondent /State Mr. Gagan Tiwari, Dy.GA Proceedings through Video Conferencing SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 24/6/2020

1. Heard.

2. This is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicants, who are apprehending their arrest in connection with Crime No.12/2020, registered at Police Station Marwahi, District Bilaspur (CG) for the offence punishable under Sections 186, 332, 353, 341, 342, 294, 506, 34 of IPC.

3. The applicants seem to have entered the Panchayat building and misbehaved with/mishandled an employee, who was discharging the election work. The incident appears to have happened during the Panchayat Election.

4. Considering the entire facts situation of the case, I am of the opinion that present is a fit case, in which, the applicants should be extended the benefit of Section 438 of Cr.P.C.

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 executing 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.

6. Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna