Ramkumar v. State Of Chhattisgrh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 369 of 2019 • Ramkumar S/o Bhupat, Aged About 60 Years, Caste Kenwat, R/o Village Baraur, Police Station Marwahi, District- Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgrh Through the Station House Officer, Police Station Marwahi, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Non-applicant For Applicant - Shri B.P. Singh, Advocate.

For Non-applicant/State - Shri Lav Sharma, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 18-03-2019 1.

Apprehending arrest in connection with Crime No.48/2017, registered at Police Station -Marwahi, District Bilaspur, Chhattisgarh for offence punishable under Section 147, 186, 332, 294, 506, 353 of the IPC, the applicant has preferred this application for grant of anticipatory bail. 2.

It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in this case. No case is made out against him. The applicant was simply present on the spot where the villagers had created the road jam because of occurrence of the road accident, in which one person of the village expired. The agitation made by the villagers was peaceful, but some of the miscreants started pelting stones in the truck and manhandling with the police personnel who were present to manage the affair, in which this applicant has not participated. The applicant himself is of age 60 years. Hence, it is prayed that this applicant may be benefited with grant of anticipatory bail. 3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary. 5.

On the date of incident, because of death in a motor accident villagers of Village Baraur created a road jam and were agitating and making demand for

-2compensation to be given to the family of the deceased. In the meanwhile, the persons present in the mob resorted to violence, in which the mob also manhandled the policemen present there. Hence, this case. 6.

After considering the nature of the case and age of this applicant, I feel inclined to allow this application.

7.

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 officer arresting him on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions :

(i) that the applicant shall make himself available for interrogation before the investigating officer as and when required; (ii) that 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/her from disclosing such facts to the Court or to any police officer;

(iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil