High Court Of ChhattisgarhMCRCA/1193/2020allowed

Pravin Deshlahera v. State Of Chhattisgarh

2021-01-14Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1193 of 2020 Pravin Deshlahera, S/o Shri Gulabchand Deshlahera, aged about 43 years, R/o Jain Niwasi, Prashant Cloth Store, Gunderdehi, Thana Gunderdehi, District Balod (CG) ---- Applicant

Versus

State Of Chhattisgarh Through - District Judge, Durg, District Durg (CG) ---- Non-Applicant For Applicant : Shri T.K. Jha, Advocate.

For Non-Applicant : Shri Ashish Gupta, Panel Lawyer. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 14/01/2021 :

1. The applicant has preferred this application for grant of anticipatory bail as he apprehends his arrest in connection with Crime No.505/2020, registered at Police Station Durg, District Durg for offence punishable under Section 420 of the IPC.

2. The applicant executed an agreement for sale of his house to the complainant for Rs.26,50,000/-. However, despite receiving the sale consideration, he did not execute the sale deed, therefore, a complaint was lodged.

3. During previous hearing, it was informed by learned counsel for the applicant that the entire amount has been returned to the complainant and the matter has been settled between them. On this statement, the concerned Police was directed to verify and submit a report.

4. Shri Ashish Gupta, learned State Counsel would read over the statement of

the complainant recorded on 18.12.2020 wherein the complainant would state that he has received the cash amount of Rs.16,50,000/- and two cheques for total amount of Rs.10 lakhs and thus the matter having been settled, he does not want to prosecute the FIR against the applicant.

5. In view of the statement of the complainant, the applicant is entitled to be released on anticipatory bail.

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 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