Lalit Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 276 of 2020

1. Lalit Sahu S/o Shri Bhuwan Sahu Aged About 40 Years R/o Hariom Clinic, Durga Nagar, Mathpuraina, Police Station Tikrapara, Tahsil And District Raipur, Chhattisgarh ---- Applicant

Versus

1. State Of Chhattisgarh Through Police Station Tikrapara Raipur, District Raipur, Chhattisgarh

2. Kumari Kanchan Dewangan D/o Hanuman Prasad Dewangan Aged About 30 Years R/o Santoshi Nagar, Chourasiya Colony, P.S. Tikrapara, Raipur Chhattisgarh ---- Respondent For Applicant Mr. Sachin Nidhi, Advocate For Respondent /State Mr. Ravish Verma, Dy. Adv. General For Respondent No.2 None, despite service of dasti notice Proceedings through Video Conferencing Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 14/7/2020

1. The applicant has preferred this application for grant of anticipatory bail, as he apprehends his arrest in connection with Crime No.530/2018, registered at Police Station Tikrapara, Raipur, for offence punishable under Section 420 read with Section 34 of the Indian Penal Code.

2. Applicant has obtained a sum of Rs.5.00 lacs from the complainant on promise to arrange employment, however, later on he re-paid Rs.50,000/- and the balance amount of Rs.4.50 lacs has been retained by him.

3. On the last date of hearing, learned counsel for the applicant expressed that the applicant is ready to repay the balance amount. On this statement notice of this bail application was issued to the complainant, however, despite service of dasti notice the complainant has not entered appearance.

4. Considering the nature of allegation, this Court is inclined to release the applicant on anticipatory bail, subject to the condition, amongst others, that the applicant shall refund Rs.4.50 lacs to the complainant within a period of three months from today. It is made clear that if the amount is not paid by the applicant within the stipulated period, the complainant would be at liberty to move before this Court for cancellation of this order.

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/- (Rupees Fifty Thousand Only) with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:- (a) he shall make himself available for interrogation by a police officer as and when required;

(b) 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.

(c) he shall not influence the witnesses during pendency of the trial.

Sd/- (Prashant Kumar Mishra) Judge Gowri