Akhilchandra Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC(A) No. 1036 of 2015 Akhilchandra Singh, Son of Chhotelal, aged about 36 years, R/o village Jilda, Police Station Khargawan, Civil and Revenue District Korea (C.G).

--- Applicant

Versus

State of Chhattisgarh through Police Station Khargawan, District Korea (C.G.).

--- Respondent For the applicant :

Mr. Manoj Paranjpe, Advocate For the State/Respondent :

Mr. Satish Gupta, Govt. Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 30.10.2015

1. Apprehending arrest in connection with Crime No. 132 of 2015 registered at Police Station Khargawan, Distt. Korea (C.G) for the offences punishable under Sections 409, 420, 467, 468, 471 of IPC, the applicant has filed this application under Section 438 Cr.P.C., for grant of anticipatory bail.

2. As per the prosecution case, an amount of Rs.77,840/- was withdrawn from the bank account of one Lal Singh. The allegation is that the applicant along-with one Sabara Alam, Branch Manager, Cooperative Central Bank, Chirimiri has withdrawn such amount.

3. Learned counsel for the applicant submits that co-accused Sabara Alam, the Branch Manager has been enlarged on anticipatory bail by this Court in M.Cr.C.No.945 of 2015. He further submits that the withdrawal was made on the basis of authorization letter submitted by the Lal Singh and the amount of Rs.77,840/- has already been paid to the complainant. He therefore prays for grant of anticipatory bail to the applicant.

4. On the other hand, learned State Counsel opposes the bail application.

5. Considering the submission of the counsel for the parties and taking into account that the co-accused Sabara Alam has been enlarged on bail by the co-ordinate Bench of this Court in M.Cr.C.No.945 of 2015 and taking into account that the amount has already been received by the complainant which is not disputed by the learned State

Counsel, I am inclined to extend the benefit of anticipatory bail to the applicant.

6. Accordingly, the anticipatory bail application is allowed and 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 officer arresting him or 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 any police officer;

(iii) that the applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (iv) 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.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao