Joseph Tigga v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 817 of 2018 • Joseph Tigga S/o Somra Tigga Aged About 70 Years R/o Village Ukaiamba, P.S. Sanna, Tehsil Bagicha, District Jashpur, Chhattisgarh, District : Jashpur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station In Charge, Police Station Ambikapur Rural (Gandhinagar), District Surguja, Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Mr. Ashish Beck, Advocate.

For Respondent State :

Mrs. Madhunisha Singh, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 23/08/2018

1. The applicant has preferred this bail application under Section 438 of Cr.P.C. apprehending his arrest in connection with Crime No.95/2018 registered at Police Station-Ambikapur Rural (Gandhinagar), District - Raipur(C.G.), for the offence punishable under Sections 120B, 153B(1) (c), 505(1)(c) & Section 505(2) of the Indian Penal Code.

2. Learned counsel for applicant submits that applicant is innocent and has been falsely implicated in this case. He had been simply present in the assembly where the speeches of the other leaders of Pathalgadi movement were going on. No case is made out against him. Applicant is 70 years old aged person. Hence, it is prayed that he may be

Page No.2 released on anticipatory bail.

3. Learned State counsel opposes the bail application and the submissions made in this respect.

4. Heard the parties and perused the case diary.

5. It is alleged that on 29.4.2018, this applicant gave a speech in the gathering of Tribal Community promoting hatred against the lawfully established government and also made a speech to promote hatred between different classes of the society. Hence, this case.

6. Considered on all the material present in the case diary, I am of this view that this is a fit case where applicant should be grant of anticipatory bail.

7. 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 his executing a personal bond in the 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

Page No.3 (iv) that the applicant shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.

Sd/- (Rajendra Chandra Singh Samant) Judge NIsha