Brij Bai v. State Of Chhattisgarh And ANR.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 428 of 2015 Brij Bai D/o Pardesi Aged About 54 years (W/o Khorbahara Yadav) R/o VillagePalari, Ward No.9, Police Station & Tahsil- Palari, Civil And Revenue District Balodabazar-Bhatapara, Chhattisgarh ----Applicant

Versus

1. State Of Chhattisgarh Through: S.H.O., Police Station- Palari, DistrictBalodabazar-Bhatapara, Chhattisgarh

2. Samaru S/o Somnath Aged About 55 Years R/o Boirdih, P.S.- Palari, OccupationAgriculturist, R/o Village- Gabaud, P.S. & Tahsil- Palari, District- BalodabazarBhatapara, Chhattisgarh ---- Respondent For Applicant :

Shri Awadh Tripathi, Advocate For Respondent / State :

Ms. Sunita Jain, Panel Lawyer For Respondent No.2/ complainant :

None even in the second round Order On Board 24/07/2015 Heard.

The applicant is apprehending his arrest in connection with registration of offence by the Magistrate under Section 420, 465, 467, 471 and 188 of IPC on the complaint of the complainant.

2.

Learned counsel for the applicant submits that the dispute between the parties is purely of civil nature. He submits that arising of dispute with regard to the shares in joint family property, the complainant, who is aggrieved and has long standing dispute with the accused in the complaint, has lodged report. 3.

Learned counsel for the applicant submits that the other accused of the same complaint case namely Narendra Borse, Gautam Pradhan, Bhagwat Prasad, Vimal Kumar have been granted anticipatory bail by this Court and the case of the present applicant is no different.

4.

After having considered the submission of learned counsel for the applicant and perusing the order passed in other case, I find that the case of the applicant is also identical. Therefore, I am inclined to grant bail to the applicant. 5.

Accordingly, the 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 on his 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 concerned Magistrate and the applicant shall abide by all the following terms and conditions - (i) that he shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (ii) that he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- Manindra Mohan Shrivastava Judge Deepti