High Court Of ChhattisgarhMCRCA/1197/2020allowed

Shambhu Tiwari v. State Of Chhattisgarh

2020-12-15Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRCA No. 1197 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Order reserved on 08-12-2020 Order delivered on 15-12-2020 MCRCA No. 1197 of 2020 • Shambhu Tiwari S/o Shri Ram Kishor Tiwari, Aged About 28 Years R/o Proffesor Collony, Near Sumeru Math- Kadam Chowk Raipur, District Raipur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Purani Basti, Raipur District Raipur Chhattisgarh ---- Respondent For Applicant Mr. Akhand Pratap, Advocate For Respondent /State Mr. Ayaz Naved, G. A.

For Objector Mr. Pravesh Sharma, Advocate Hon'ble Mr. Justice Prashant Kumar Mishra CAV Order

1. Heard.

2. The applicant has preferred this application for grant of anticipatory bail, as he apprehends his arrest in connection with Crime No.223/2020, registered at Police Station Purani Basti Raipur Distt. Raipur C.G. for offence punishable under Sections 294, 506b, 323, 327 of the I.P.C.

3. Applicant allegedly demanded some funds from the complainant for consuming liquor and on refusal the complainant was assaulted by club.

MCRCA No. 1197 of 2020

4. Learned State counsel would oppose the prayer for grant of anticipatory bail.

5. The injury report shows that the injured has received six abrasions. Though referred but there is no radiological examination of the injured. Thus, the injured appears to have suffered simple injuries.

6. Considering the nature of allegations, I am inclined to release the applicant on anticipatory bail.

7. Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant, he shall be released on anticipatory bail on 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 make himself available for interrogation by a police officer 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 from disclosing such facts to the Court or to any police officer;

(iii) the applicant shall not influence the witnesses during pendency of the trial.

SD/- (Prashant Kumar Mishra) Judge Gowri