Anil Chopda v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Anil Chopda S/o S.N. Chopda Aged About 54 Years R/o Vallabh Colony Ring Road, Raipur, Tahsil And District Raipur Chhattisgarh.

---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House OfÏcer, Police Station Abhanpur, District Raipur Chhattisgarh ---- Respondent For Applicant Mr. Atul Kumar Kesharwani, Advocate For Respondent /State Mr. R. Tripathi, Panel Lawyer SB.: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 17/2/2021

1. Heard.

2. This is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the

applicant, who is apprehending his arrest in connection with Crime No.282/2020 registered at Police Station Abhanpur, District Raipur (CG) for the offence punishable under Section 420 of the IPC.

3. The applicant has allegedly sold his land bearing Khasra No.30/3 area 0.346 hectare and Khasra No.30/6 area 0.205 hectare, total area 0.551 hectare to complainant Arun Sadhwani. It was subsequently found that the aforesaid land had already been sold to one Devendra Patel S/o Karsan Patel and thus, the applicant cheated the complainant and obtained consideration of Rs.7.5 lakhs.

4. Learned counsel for the applicant submits that the dispute has been settled between the parties by executing notarised agreement on 13.2.2021. Copy of the said agreement has been filed along with the application dated 16.2.2021 for taking document on record.

5. Having appreciated the nature of the dispute and the consequent agreement between the parties, I am inclined to extend the benefit of Section 438 of Cr.P.C. to the applicant.

6. 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 furnishing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the Arresting OfÏcer with the following conditions :-

(i) he shall make himself available for interrogation by a Police OfÏcer as and when required;

(ii) 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 for disclosing such facts to the Court or to any Police OfÏcer. (iii) he shall not influence the witnesses during pendency of the trial.

Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna