Pravit Saha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No.1020 of 2020 Pravit Saha S/o Late Shri Paresh Saha, Aged About 30 Years R/o Flat No. 21, Building No. E-7, Chauhan Town Chowki Jewra Sirsa, Police Station Pulgaon, Thasil/ District Durg Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Supela, Durg, District Durg Chhattisgarh ---- Respondent For Applicant :

Mr. T. K. Jha, Advocate.

For Respondent/State :

Mr. Ravish Verma, G.A.

For Intervenor :

Mr. Praveen Shrivastava, Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 04/09/2020 Heard.

1.

The applicant is apprehending his arrest in connection with Crime No.238/2018 registered at police station - Thana Supela, District Durg (CG) for alleged commission of offence under Section 420, 120(B) of IPC. 2.

This is repeat application for grant of anticipatory bail. Earlier bail application was rejected on 01.07.2020 though with liberty to apply for regular bail with the direction that the same may be considered as early as possible, not later than three days and if possible on the same date. However, later on, the applicant did not surrender before the Court nor had applied for regular bail and he filed the application for anticipatory bail on the ground that subsequent to passing of the order, the parties have entered into compromise. 3.

Shri Praveen Shrivastava, Advocate appears for the complainant/Intervenor and submits that subsequent to rejection of the application for anticipatory bail, the parties have entered into compromise and dispute has been settled.

4.

Taking into consideration the aforesaid submission, though this Court had earlier rejected the application for anticipatory bail with liberty to apply for regular bail, in view of the subsequent development and that both the applicant and complainant submit before the Court that they have entered into compromise and that offence is compoundable one, I am inclined to grant the applicant benefit of anticipatory bail, at this stage. Accordingly, the application is allowed.

5.

Accordingly, 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.25,000/- along with one local surety for the like amount to the satisfaction of the arresting officer and the applicant shall abide by all the following terms and conditions - (i) that the applicant shall make himself available for interrogation by a Police Officer as and when required;

(ii) that 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 from disclosing such facts to the Court or to any Police Officer. (iii) that he shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) 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) J U D G E Rekha