Parmanand Yadav And Another v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR

1. Parmanand Yadav S/o Sunder Ram Aged About 50 Years R/o Pendri, P. S. And Tahsil Manendragarh, District Koriya Chhattisgarh

2. Rajesh Singh S/o Ramruchi Aged About 30 Years R/o Pendri, P. S. And Tahsil Manendragarh, District Koriya Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Manendragarh, District Koriya Chhattisgarh ---- Respondent For Applicants :- Mr. Soumitra Kesharwani, Advocate For Respondent-State :- Mr. Ravish Verma, G.A.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 04/12/2020

1. The applicants have preferred this application for grant of anticipatory bail, as they apprehend their arrest in connection with Crime No.224/2020, registered at Police Station Manendragarh, Distt. Koria C.G. for offence punishable under Sections 294, 506, 353, 186 of the I.P.C.

2. The applicants have allegedly entered in the office of Gram Panchayat, Pendri, Janpad Panchayat, Manendragarh District Koriya at 12:30 pm on 01.07.2020 and demanded ₹10,000/- from the Panchayat Secretary namely; Shiv Gopal Singh and at the same time criminally intimidated him; abused filthily; and created obstruction in discharge of official duties.

3. Learned counsel for the applicants would submit that the Gram Panchayat owed ₹10,000/- to the applicants in lieu of performance of contract but the amount was not paid by the Secretary, therefore, a false report has been lodged. He would draw attention of the Court to the document issued by the Gram Panchayat certifying that the Secretary owed ₹10,000/- to the applicant.

4. Learned State counsel would oppose the prayer for grant of bail.

5. The document filed by the applicants is a letter issued by the Gram Panchayat stating that ₹10,000/- was due to be paid to the applicant for transporting materials, however, there is no contract between the applicants and the Gram Panchayat.

6. Prima facie there is no reason to doubt the contents of the FIR in which it is stated by the informant that on two earlier

occasions also the applicant has extracted ₹5,000/- each saying that he is Mandal President of the Bhartiya Janata Party (BJP), therefore, the Secretary can do nothing against him. The case diary contains statements of eyewitnesses namely; Moti Singh, Kamla Prasad, Bihari Singh and Dhyan Chandra.

7. Considering the material available in the case diary, this Court is not inclined to extend the benefit of anticipatory bail to the applicants.

8. Accordingly, the anticipatory bail application is rejected. Sd/- (Prashant Kumar Mishra) Judge Gowri