Nanhkuram And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 392 of 2020

1. Kumari Mamta D/o Nanhku Ram Aged About 26 Years R/o Tatapani, Police Station Ramanujganj, District Balrampur Chhattisgarh

2. Kumari Shyama D/o Nanhku Ram Aged About 23 Years R/o Tatapani, Police Station Ramanujganj, District Balrampur Ramanujganj Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through S.H.O. Police Station Ramanujganj, District Balrampur-Ramanujganj Chhattisgarh ---- Respondent MCRCA No. 420 of 2020

1. Nanhkuram S/o Karamdayal Aged About 65 Years R/o Village Tatapani, Thana Ramanujganj, District Balrampur, Chhattisgarh.

2. Amardeep Minj S/o Nanhkuram Aged 38 Years R/o Village Tatapani, Thana Ramanujganj, District Balrampur, Chhattisgarh.

3. Kamaldeep Minj S/o Nanhkuram Aged 29 Years R/o Village Tatapani, Thana Ramanujganj, District Balrampur, Chhattisgarh. ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station Ramanujganj, District Balrampur, Chhattisgarh ---- Respondent For Applicants Mr. Awadh Tripathi, Advocate For Respondent/State Mr. Chandresh Shrivatava, Dy. AG Proceedings through Video Conferencing

SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 29/6/2020

1. Heard.

2. These are the two applications 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.10/2020, registered at Police Station Ramanujganj, District Balrampur (CG) for the offence punishable under Sections 147, 186, 294, 332, 353 & 506 of IPC.

3. Complainant Raju Koya and 5-6 Government Servants were deputed by the concerned Tehsildar to verify the revenue records of the family of the accused persons for the purpose of selling paddy to the Cooperative Society. On 6.2.2020, the team had gone to verify the revenue records and in the process, applicant Amardeep Minj abused and manhandled complainant Raju Koya and others members of the verification team. Thereafter, applicant Kamaldeep Minj and other accused also joined the act of manhandling and they assaulted & abused the complainant and others members of the verification team.

4. Applicants Kumari Mamta and Kumari Shyama are young unmarried girls, whereas, applicant Nanhkuram is aged about 65 years.

5. Considering that the entire incident happened at the time of

verification of the revenue records in connection with sale of paddy to the Government and for the fact that the injuries were found to be simple in nature, I am of the opinion that present is a fit case, in which, the applicants should be extended the benefit of Section 438 of Cr.P.C.

6. Accordingly, the applications are allowed and it is directed that in the event of arrest of these applicants, they shall be released on anticipatory bail on each of them executing a personal bond for a sum of Rs.50,000/- with one surety each in the like sum to the satisfaction of the Arresting OfÏcer with the following conditions :- (i) they shall make themselves available for interrogation by a Police OfÏcer as and when required;

(ii) 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 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