Parmeshwar Shyamkunwar And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No.769 of 2015 1.

Parmeshwar Shyamkunwar S/o Late Premlal Aged About 29 Years R/o Behind Chandi Chowk, Ward No. 34, Sarswati Nagar Durg, District Durg Chhattisgarh.

2.

Ghanshyam Chhata S/o Late Biharilal Chhata Aged About 31 Years R/o Near Public Sulabh, Camp-1, Ward No.18, Bhilai, Tah. And District Durg Chhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh through: Station House Officer, Police Station-Supela, Bhilai, District Durg (Chhattisgarh) ---- Respondent For Applicants :

Shri C. R. Sahu, Advocate For Respondent/State :

Shri Vinod Tekam, Panel Lawyer Order On Board 24.08.2015 The applicants are apprehending their arrest in connection with crime number 287/2015, registered at Police Station Supela, Bhilai, District Durg for the offence punishable under Section 420, 467, 468, 471 of the Indian Penal Code.

2. Case of the prosecution is that the co-accused Dilip Borkar prepared a forged agreement to sell by the complainant in his favour, whereas he was only tenant of the complainant and the complainant never entered into any such agreement to sell.

3. Present applicants are said to be the signatory of that agreement. Learned counsel for the applicants submits that Dilip Borkar has been granted anticipatory bail by this Court taking into consideration the submission that in the handwriting export report filed in that case, signature in the agreement are that of the

complainant.

4.

On the other hand, learned counsel for the State opposes the application for grant of anticipatory bail.

5.

Taking into consideration the submission of learned counsel for the petitioner, I am inclined to grant anticipatory bail to the applicants, the application is allowed. 6.

It is directed that in the event of arrest of the applicants in connection with the aforesaid offence, the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.20,000/- along with one local surety for the like amount to the satisfaction of the arresting officer and the applicants shall abide by all the following terms and conditions- (i) that they shall make themselves available for interrogation by a Police 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 to any Police Officer. (iii) that the applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) 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. Certified copy as per rules.

Sd/- Manindra Mohan Shrivastava Judge Rekha