Sangita Mishra And Another v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 251 of 2021 • Sangita Mishra And Another W/o Shri B.N. Mishra Aged About 52 Years R/o Mangla Chowk, Bilaspur, Police Station- Civil Lines, District- Bilaspur, Chhattisgarh.

• B.N. Mishra S/o Late Shri Keshav Prasad Mishra Aged About 55 Years R/o Mangla Chowk, Bilaspur, Police Station- Civil Lines, District- Bilaspur, Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh Through Police Station Civil Lines, DistrictBilaspur, C.G., District : Bilaspur, Chhattisgarh ---- Respondent For Applicants : Shri Bhaskar Pyasi, Advocate For Respondent/State : Shri Uddhav Sharma, GA Hon'ble Smt. Justice Rajani Dubey Order On Board 09/04/2021 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. 181/2020 registered at Police Station Civil Lines, district Bilaspur (CG) for the offence punishable under Section 420 /34 of the IPC. Case of the prosecution in brief is that the applicant No.1 has agreed into an agreement for sale of 11.38 acres of land with one Mohd. Asif Jafri, Director of Aasma Builders and Colonizers Limited. It

is allegd that as per the agreement, the land was purchased in three parts. It is the case of prosecution that the applicant who is the land owner, without demarcation of the land has sold it for residential purpose.

Contention of the counsel for the applicants is that the applicants have been falsely implicated in the present case. He further submits that in the present circumstances of the pandemic Covid-19, the investigation will take time and therefore they may be granted bail. On the other hand, learned counsel for the State opposes the bail application.

Having heard counsel for the parties and considering the totality of the facts, in particular, the nature of allegations against the applicants, this Court is of the view that it is a fit case to grant anticipatory bail to the applicants. Accordingly, the application is allowed and it is directed that in the event of arrest of the applicants' in connection with the aforesaid offence, they shall be released on bail on their executing a personal bond in sum of Rs. 1`,00,000/- each with one surety to the satisfaction of the trial Court. The applicants shall also abide by the following conditions :

(i) that the applicants shall make themselves available for interrogation before the concerned investigating officer as and when required: (ii) that 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 them from disclosing such facts to the Court or any police officer;

(iii) that they shall not act in any manner which will be prejudicial to fair and expeditious trial; and (iiv) that they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. Sd/- (Rajani Dubey) Judge suguna