Navakor Emanuel Gosain v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 738 of 2021 • Navakor Emanuel Gosain S/o Gosain Navakor Aged About 30 Years R/o Shop No. 07, Yusuf Asada Logo, State Nigeria, Present Address 40 Feet Road, Chanakya Place, District South West New Delhi ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali Rajnandgaon District Rajnandgaon Chhattisgarh ---- Respondent For Petitioner : Shri Ramakant Gaur, Sr. Advocate assisted by Ms. Prerna Agrawal and Ms. Vismita Diwan, Advocates For Respondent/State : Shri Sameer Sharma, Dy.GA Hon'ble Smt. Justice Rajani Dubey Order On Board By Virtual Hearing 28/07/2021 Present petition is for seeking modification in the order dated 18.06.2021 passed by this Court in MCRC No.3242/2021. In the order dated 18.06.2021 passed in MCRC No.3242/2021, this Court has directed the applicant to be released on bail on his paying a sum of Rs. 10,00,000/- to the complainant within six months and on executing a personal bond bond for a sum of Rs. 5,00,000/- (Rupees Five lacs) with one local surety for the like amount to the satisifaction of the trial court for his appearance before the said court as and when directed.

Now, by this Cr.M.P. counsel for the petitioner has prayed that

the amount of surety of Rs. 5,00,000/- may be reduced to that of Rs. 50,000/- as the petitioner is not able to furnish the surety of Rs. 5,00,000/-.

Accordingly, the order dated 18.06.2021 is modified to be read as under :

"It is directed that the applicant shall be released on bail on his paying a sum of Rs. 10,00,000/- to the complainant within six months from the date of his release without prejudice during trial and on executing a personal bond for a sum of Rs. 50,000/- (Rupees Fifty Thousand) with one local surety for the like amount to the satisifaction of the trial court for his appearance before the said court as and when directed subject to the following conditions:

i) That the applicant shall furnish a specific undertaking that while on bail, he/she will not commit any offence, otherwise bail granted to him/her shall be liable to be cancelled and shall co-operate the prosecution during trial.

ii) that the accused/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 to any police officer.

iii) That the accused/applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial.

Rest of the order dated 18.06.2021 shall remain as it is. With the modification as aforesaid, the petition stands disposed of.

Sd/- (Rajani Dubey) Judge suguna