High Court Of ChhattisgarhMCRCA/1263/2020allowed

Agusteen Khalkho v. State Of Chhattisgarh

2020-11-25Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1263 of 2020 Agusteen Khalkho W/o Benedik Khalkho Aged About 30 Years R/o Kotagahna, Thana Rajpur, District Balrampur-Ramanujganj Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Rajpur, District Balrampur-Ramanujganj Chhattisgarh ---- Non-Applicant For Applicant : Shri A.K. Yadav, Advocate.

For Non-Applicant : Shri Ayaz Naved, Govt. Advocate. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 25/11/2020 :

1. The applicant has preferred this application for grant of anticipatory bail as he apprehends his arrest in connection with Crime No.72/2020, registered at Police Station Rajpur, District Balrampur-Ramanujganj for offences punishable under Section 420 of the IPC and Sections 3 & 7 of the Essential Commodities Act, 1955.

2. The applicant has allegedly misappropriated 60 quintals of rice in the Fair Price Shop where he was working as salesman being Sarpanch of the concerned Gram Panchayat. It is alleged that while distributing the rice to the villagers, he used to weigh lesser quantity and thus the quantity saved in the process was misappropriated.

3. The applicant has already been allowed interim bail on 16.10.2020 on the ground that his wife has died on 7.10.2020. The nature of allegation can be levelled against any salesman who operates the Fair Price Shop.

The offence is otherwise triable by the Judicial Magistrate First Class and his custodial interrogation does not seem to be necessary. Therefore, this Court is inclined to release the applicant on anticipatory bail.

4. Accordingly, the application is allowed and it is directed that in the event of arrest of the applicant, he shall be released on anticipatory bail on his 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 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) Barve