Rajkumar Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Rajkumar Singh S/o Shri Ghurbigan Singh Aged About 35 Years Resident Of Village- Mahavirganj, Police Station- Ramanujganj, District- Balrampur-Ramanujganj Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through- Police Station In-Charge, Police StationBalrampur, DistrictBalrampur-Ramanujganj Chhattisgarh ---- Respondent For Applicant Ms. Sonia Kuldeep, Advocate For Respondent /State Mr. Siddharth Dubey, Dy. GA Proceedings through Video Conferencing SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 19/6/2020

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.221/2019, registered at Police Station Balrampur for

the offence punishable under Section 306/34 of IPC.

3. Deceased Ramesh Mandal was arrested for being found in his possession 7.5 litres of illicit country made liqour. Since the deceased could not furnish bail, he remained in the custody of the Excise Department, however, during midnight, he committed suicide. The Police thereafter registered the present crime against ASI Uttam Bharadhwaj, Constable Vidya Singh and the present applicant.

4. Admittedly, ASI Uttam Bharagwaj and Constable Vidya Singh have been allowed anticipatory bail by this Court in M.Cr.C.A. Nos.93/2020 and 105/2020. The allegations against the present applicant are more or less similar.

5. Considering that the co-accused have already been granted anticipatory bail by this Court, I am of the opinion that present is a fit case, in which, the present applicant should also been extended the benefit of Section 438 of Cr.PC.

6. 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 furnishing 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. 7.

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