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High Court Of ChhattisgarhMCRCA/1057/2020allowed

Ramkumar Patel v. State Of Chhattisgarh,

2020-11-26Hon'Ble Shri Justice Prashant Kumar Mishra3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1057 of 2020

1. Ramkumar Patel S/o Dharam Lal Patel Aged About 36 Years R/o Village Mohondikala Police Station And Tahsil - Malkharouda District - Janjgir - Champa Chhattisgarh.

---- Applicant

Versus

1. State Of Chhattisgarh, Through : SHO - Sakti, District - Janjgir - Champa Chhattisgarh.

---- Respondent For Applicant Mr. Ishwar Jaiswal, Advocate For Respondent /State Mr. Ayaz Naved, Govt. Advocate For Objector Ms. Reena Singh, Advocate Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 26/11/2020

1. The applicant has preferred this application for grant of anticipatory bail, as he apprehends his arrest in connection with Crime No.354/2017, registered at Police Station Sakti, District Janjgir-Champa, for offence punishable under Sections 420 & 419 of the Indian Penal Code.

2. Complainant Kartik Ram had a life insurance policy in which the installment premium was deposited by his mother. Upon death of the mother of the complainant the original policy remained with the applicant. The applicant obtained signatures of the complainant and thereafter somehow obtained the amount lying in the policy and got it deposited in a Bank Account which he had opened by

impersonating the complainant. The total amount withdrawn by the applicant was Rs.6,650/-.

3. On the other hand, learned counsel appearing for the State would oppose the bail application. However, learned counsel appearing for the objector would submit that the complainant has received the entire amount from the applicant.

4. Considering the entire facts situation of the case and also considering the fact that the applicant has already returned the petty amount of Rs.6,650/- to the complainant, this Court is inclined to release the applicant on anticipatory bail.

5. Accordingly, the application is allowed and it is directed that in the event of arrest of the applicant, he shall be released on anticipatory bail on his executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:- • he shall make himself available for interrogation by a police officer as and when required;

• 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.

• he shall not influence the witnesses during pendency of the trial.

Sd/- (Prashant Kumar Mishra) Judge

Gowri