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High Court Of ChhattisgarhMCRCA/699/2018disposed off

Manoj Kukreja v. State Of Chhattisgarh

2018-06-29Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 699 of 2018 • Manoj Kukreja S/o Parmanand Kukreja, Aged About 42 Years, Occupation - Business, Electronic Shop, R/o Azad Nagar, Padriya Road, Takhatpur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station - Takhatpur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Non-applicant For Applicant - Mr. Awadh Tripathi, Advocate. For Non-applicant/State - Ms. M. Asha, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 29-06-2018 1.

Apprehending arrest in connection with Crime No.155/2018, registered at Police Station - Takhatpur, District Bilaspur, Chhattisgarh for offence punishable under Section 353, 186, 506/34 of the IPC, the applicant has preferred this application for grant of anticipatory bail. 2.

It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in this case. No offence under Section 353 of the IPC is made out, rest of the offences are bailable in nature. Hence, it is prayed that the applicant may be benefited with grant of anticipatory bail. 3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary. 5.

According to the prosecution case, on the date of incident complainant who is SHO of Police Station Takhatpur had booked Sumit Sachdeva in a case of Gambling Act, because of which this applicant came to the police station and after leveling threat on her obstructed in her performance of official duties. 6.

On plain reading of the FIR and the statement of the complainant, use of criminal force on the complainant appears to be missing, which can be

-2examined by the concerned Court and the remaining offences registered are bailable in nature. Hence, the applicant is at liberty to approach the concerned Court and pray for grant of bail, the trial Court may take into consideration the observation made in this order while deciding the application of the applicant. 7.

The application is disposed off.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil