Mahettar Ram Navneet v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C.(A) No. 712 /2016 Mahettar Ram Navneet, S/o. Late Shri Joshik Ram Navneet, Aged About 50 Years, By Caste Satnami, R/o. Village Sarwani, Police Station & Tahsil Sakti, Present Address : Chhattisgarh Rajya Gramin Bank, Branch Korba, District Korba, Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh, Through District Magistrate, Police Station Janjgir, District Janjgir Champa, Chhattisgarh.
---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :
Mr. Gurudev I. Sharan, Advocate.
For Respondent :
Mr. Anil S. Pandey, Govt. Advocate.
Hon'ble Shri Justice Goutam Bhaduri Order On Board 10/08/2016 1.
Apprehending arrest in connection with Crime No.216/2016 registered at Police Station- Janjgir, District Janjgir-Champa (C.G.) for the offence punishable under Section 420, 467, 468, 471, 34 of Indian Penal Code, the applicant has preferred this application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.
2.
As per the prosecution case, in the year 2013 one Jay Kumar Tiwari obtained loan from the Chhattisgarh Gramin Bank of Rs.98,000/- & 80,000/- by manipulating the area of the land holding by making 0.37 Acre as 3.37 Acre and the applicant who was working as Field Officer in the Bank has facilitated Jay Kumar Tiwari to commit such crime.
3.
Learned counsel for the applicant would submit that the applicant believed the revenue papers which were submitted by Jay Kumar Tiwari and, as such, no offence has been committed by him, therefore, considering the fact that the applicant was not a party to the benefit, he may may be enlarged on anticipatory bail.
4.
Per contra, learned State counsel opposes the prayer for grant of anticipatory bail.
5.
Perused the case diary and the documents. Considering the fact that the main allegation has been attributed to Jay Kumar Tiwari, taking into the nature of transaction and position of the applicant that he was working as Field Officer and he believed the document furnished by Jay Kumar Tiwari and also considering the fact that the loan has been repaid, I am inclined to release the applicant on anticipatory bail.
6.
Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the officer arresting him on furnishing a personal bond to a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions :
(i) that the applicant shall make himself available for interrogation before the investigating officer as and when required; (ii) that the applicant 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/her from disclosing such facts to the Court or to any police officer; (iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.
Certified copy as per rules.
Sd/- (Goutam Bhaduri) Judge Ashok