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High Court Of ChhattisgarhMCRCA/1127/2020allowed

Sameer Das v. The State Of Chhattisgarh

2021-01-07Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1127 of 2020

1. Sameer Das, aged about 43 years, S/o late G.S. Das, R/o Ward No.12, Khongapani, Tahsil Manendragarh, District Koriya (CG) ---- Applicant

Versus

State Of Chhattisgarh Through- Police Station Khamtarai, District Raipur (CG) ---- Non-Applicant For Applicant : Shri Parag Kotecha, Advocate.

For Non-Applicant : Shri V.R. Tiwari, Additional AG. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 07/01/2021 :

1. The applicant has preferred this application for grant of anticipatory bail as he apprehends his arrest in connection with Crime No.341/2020, registered at Police Station Khamtari, District Raipur for offences punishable under Section 420 of the IPC.

2. Complainant Vijay Kawde offered to sell his Maruti 800 vehicle on the OLX site. The applicant agreed to purchase the vehicle for Rs.36,000/- and paid the amount vide cheque belonging to the Indusind Bank, however, the cheque was dishonoured and the applicant avoided to make payment of the amount to the complainant despite his repeated requests.

3. On the earlier dates of hearing, it was argued by learned counsel for the applicant that the amount has now been paid to said Vijay Kawde and the matter has been settled between them. This Court has directed the concerned police to verify the statement on which learned State Counsel would submit that the statement of complainant has been recorded

wherein he admits of entering into compromise with the applicant.

4. Having regard to the entire fact situation of the case including the nature of offence and subsequent settlement between the parties, I am inclined to admit the applicant to 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/- with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:- (i) he shall not influence the witnesses during trial. (ii) he shall make himself available for interrogation by a police officer as and when required;

(iii) 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.

Sd/- Judge (Prashant Kumar Mishra) Barve