Haresh Kumar Khatwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 386 of 2015 • Haresh Kumar Khatwani S/o Late Chouthmal Khatwani Aged About 34 years R/O Mahant Ghasidas Ward Dhamtari, Police Station City Kotwali Dhamtari, Tahsil Dhamtari, Civil & Revenue District Dhamtari (C.G.) ---- Applicant

Versus

• State of Chhattisgarh Through The Station House Officer, Police Station City Kotwali, Dhamtari, District Dhamtari (C.G.) ---- Non-Applicant For Applicant :

Shri Prateek Sharma, Advocate For Respondent/State :

Shri Neeraj Jain, GA for the State HON'BLE The Vacation Judge Order On Board 18/05/2015

1. The applicant is apprehending his arrest in connection with Crime No.77/2015, registered at Police Station City Kotwali, Dhamtari, District Dhamtari for commission of offence under Section 420 of the IPC and Section 4 (a) of the Gambling Act.

2. It is alleged that the applicant along with co-accused Rupesh Rigri were involved in public gambling. At the time of raid by the concerned police, Rs.24000/- cash and mobile sets were recovered from the place of occurrence. Co-accused Rupesh Rigri admitted that one Sim in his name and he is not aware about other Sim. The co-accused was arrested and on his information, the applicant is also made an accused.

3. It appears that the applicant is sought to be arrested on the statement of coaccused. The applicant was not present on the spot, wherefrom gambling was conducted.

4. Learned State counsel would oppose the prayer for grant of bail on the submission that cases of criminal nature were registered against the applicant.

5. Considering the nature of allegations and for the fact that the custodial interrogation may not be required, this Court is inclined to release the applicant on anticipatory bail.

6. Accordingly, the anticipatory bail application is allowed. 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 arresting officer on furnishing a personal bond for a sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the arresting officer with following further conditions that: (i) the applicant shall make himself available for interrogation by the police officer as and when required;

(ii) 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 from disclosing such facts to the Court or to any police officer.

Certified copy as per rules.

JUDGE Tumane