K. Kishor Murty v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C.(A). No. 22 of 2016

1. K. Kishore Murty, S/o. K.N. Murty, aged about 26 years, R/o. Naharpara, Raipur, Civil and Revenue District- Raipur (C.G.) ----Applicant

Versus

1. State of Chhattisgarh, Through : the Station House Officer, Police Station, Khamtarai, Civil and Revenue District-Raipur (C.G.) ---- Respondent For Applicant : Mr. Rajeev Shrivastava, Advocate with Mr. Kamal Kishore Patel, Advocate For Respondent/State : Mr. Anil S. Pandey, Govt. Advocate For Objector : Ms. Nand Kumari Kashyap, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 14/03/2016 1.

Apprehending arrest in connection with Crime No.410/2015 registered at Police Station- Khamtarai, District - Raipur (C.G.), for offence punishable under Section 419, 420, 467, 468, 471, 120-B of the Indian Penal Code, the applicant has preferred this application for grant of anticipatory bail.

2.

As per the prosecution case, one Rangamma alongwith D. Vijay sold a house of one I. Basant Laxmi by false personification showing Rangamma as I. Basant Laxmi and the allegation against the applicant is that he negotiated all the sale and introduced the purchaser to the different sellers and after purchase it was found that owner was some one else and the report was made by the complainant, Abudul Shakeel.

3.

Learned counsel for the applicant would submit that entire allegations are on Rangamma and D. Vijay and only allegation against this applicant is that the applicant has introduced the

Page No.2 purchaser and seller and he negotiated the sale consideration. He would further submit that, the applicant has entered into compromise and the entire amount of sale consideration has been given back to the complainant. Therefore, the counsel prays that the applicant may be extended the benefit of anticipatory bail. 4.

Per contra, the State counsel opposes the bail application. 5.

Learned counsel for the objector would submit that compromise has been arrived at and the amount has been received. 6.

Taking into the nature of allegation and the submission of the complainant and further considering the case diary, this Court is inclined to extend the benefit of anticipatory bail to the applicant. 7.

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

Page No.3 (iv) that 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.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram