Vishnu Prasad Miri v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1227 of 2020 Vishnu Prasad Miri S/o Bhagirathi Miri, aged about 26 years R/o Village & PostAramsahi, Police Station & Tahsil-Masturi, District Bilaspur (C.G.) ---- Applicant

Versus

State of Chhattisgarh Through Station House Officer, Police Station Masturi, District Bilaspur (C.G.) ---- Respondent For Applicant :

Mr. Akand Pratap Singh, Advocate on behalf of Mr. Vikas Shrivastava, Advocate For Respondent :

Mr. Ravi Sharma, Govt. Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order on Board 09/12/2020 1.

The applicant has preferred this application for grant of anticipatory bail as he apprehends his arrest in connection with Crime No. 65/2018, registered at police Station Masturi District Bilaspur (C.G.) for offences punishable under Sections 457, 380, 34 of the Indian Penal Code. 2.

A theft was committed in the Govt. Higher Secondary School, Aramsahi in the intervening night of 25-26/02/2018. However, the accused persons could not be arrested, therefore, a closure report was filed. On 14/07/2020, the concerned Police Station received an information that co-accused Tikam Singh and Dilcharan had committed the said theft. They were taken into custody and from their possessions computer sets etc. have been recovered. In their memorandum statements, it was revealed to the police that the

present applicant was also involved in the alleged theft. 3.

Learned State Counsel would oppose the bail application. 4.

Considering the fact that the incident is more than 2 1⁄2 years old and the applicant is sought to be arrested only on the basis of the memorandum statement of co-accused persons, I am inclined to extend the benefit of anticipatory bail to the applicant. 5.

Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant, the applicant shall be released on bail on his furnishing a bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the officer arresting him with the following terms and 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) Rahul