Premchand Lakra v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Premchand Lakra S/o ThibhuRam Uraon Aged About 64 Years Occupation Retired Driver, R/o Shivnathpur, P.S. And Tehsil Sitapur, District Surguja (Chhattisgarh) ---- Petitioner
Versus
• State Of Chhattisgarh Through Station House OfÏcer, P.S. Darima, District Surguja (Chhattisgarh) ---- Respondent For Applicant Mr. Nishikant Sinha, Advocate For Respondent /State Mr. Vikram Sharma, Dy. GA Proceedings through Video Conferencing SB.: Hon'ble Mr. Prashant Kumar Mishra, Ag. CJ Order On Board 5/7/2021
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.43/2021 registered at Police Station Darima District Sarguja (CG) for the offence punishable under Section 420 of the IPC.
3. The applicant is a retired Driver from Jila Panchayat, Ambikapur. It is alleged that on 20.7.2015, he received payment of Rs.3,20,000/- from the complainant on assurance that two persons shall be provided the job of Jail Warder in the Central Jail, Ambikapur.
4. Considering that the applicant is aged about 64 years and the FIR was lodged after about 6 years of the incident and there is no documentary proof of payment of money as the amount was paid in cash and the offences are triable by the Judicial Magistrate First Class, I am inclined to extend the benefit of Section 438 of Cr.P.C. to the applicant.
5. 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. (iii) he shall not influence the witnesses during pendency of the trial.
Certified copy as per rules. Sd/- ( Prashant Kumar Mishra) Acting Chief Justice Shyna