Anil Kumar Sharma And ANR. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C.(A). No. 716 of 2016
1. Anil Kumar Sharma, S/o. Shri Panna Lal Sharma, aged about 40 years, R/o. Chitnis Ki Goth, Near Roxy Talkies, P.S. - Huzrat Kotwali, Gwalior (M.P.)
2. Mohd. Rizwan Aslam Khan, S/o. Aslam Khan, aged about 33 years, R/o. Kurud Road, Kohka, Near Diamond Club, P.S. - Supela, Bhilai, District - Durg (C.G.) ----Applicants
Versus
1. State of Chhattisgarh, Through : S.H.O.- Manendragarh, District - Koriya (C.G.) ---- Respondent For Applicants : Mr. Chandresh Shrivastava, Advocate For Respondent/State : Mr. Anant Bajpai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 10/08/2016 1.
Apprehending arrest in connection with Crime No.247/2015 registered at Police Station- Manendragarh, District - Koriya (C.G.), for offence punishable under Section 354, 509 read with Section 34 of Indian Penal Code, the applicants have preferred this application for grant of anticipatory bail.
2.
Case of the prosecution, in brief, is that one report was made by the victim, who was working in the Axix bank that on 24.08.2015 when the victim was called in the chamber of the applicant No.1, Anil Kumar Sharma, Branch Manager of Axix Bank started touching her body and while she wanted to go out, she was caught hold of her hands and made to sit in the office and it was stated that the applicants wanted to have sexual relation with the girl.
3.
Learned counsel for the applicants would submit that the incident happened for the reason that an amount of Rs.11,000/- - Rs.11,000/- was deposited in the account of Rajbhan, Om Prakash, Arvind, Rana Pratap and Ram Lakhan Yadav total Rs.55,000/- and instead of Rs.55,000/-, Rs.50,000/- was deposited for which the enquiry was made and on enquiry it came to the notice that one Deepak, Suraj Soni and the complainant have misappropriated the amount and subsequently the amount was transferred in the account of the customers from the account of the father of the complainant, Mohd. Mansur Ali. It is further submitted that similar incident again happened for which the amount was transferred from the account of the mother of the complainant and amount was made good as the branch manager, the applicant No.
1 had made shout over the incident and asked the complainant and other workers to follow the disciplines subsequently he apologized for rude word. It is further submitted that while the enquiry was made, the applicant had also reported the matter to the police of Manendragarh and informed the fact that amount of Rs.1000/- each from the five accounts was transferred from the account of the father of the complainant, which would go to show that the complainant in order to avoid to be involved in the criminal case has made false allegation against the applicants. It is further submitted that the applicants were also given threat by the complainant that they will be inculpated in the fake complainant for which the report was also made by the applicants on 09.08.2015 much prior to the date of incident.
Therefore, the counsel prays that considering the background and circumstances of this case, the applicants may be extended the benefit of Section 438 of Cr.P.C. 4.
Per contra, learned State counsel opposes the application for grant of bail and would submit that direct allegations have been attributed
against this applicants, therefore, the applicants may not be enlarged on bail.
5.
I have heard the learned counsel for the parties. 6.
Perused the case diary as also the documents filed by the applicants along with the bail application, which shows that certain amounts were not deposited in the account of the customers for which the amount was transferred from the account of the father of the complainant. Considering the entire facts in totality, this Court is inclined to extend the benefit of anticipatory bail to the applicants, as custodial interrogation of the applicants may not be required in this case.
7.
Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicants in connection with the aforesaid offence, they shall be released on bail by the officer arresting them on executing a personal bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned Investigating Officer. The applicants shall also abide by the following conditions :
(i) that the applicants shall make themselves available for interrogation before the investigating officer as and when required;
(ii) that the applicants 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 applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and
(iv) that the applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.
Certified copy as per rules.
Sd/- (Goutam Bhaduri) Judge Balram