High Court Of ChhattisgarhMCRCA/1269/2020allowed

Akil Ahmad v. State Of Chhattisgarh

2021-01-21Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRCA No. 1269 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1269 of 2020 Akil Ahmad, S/o Shri Sakil Ahmad, aged about 28 years, Occupation Business R/o Madhuban Para, PS City Kotwali, Tah. & District Raigarh (CG), Civil & Revenue District Raigarh (CG) ---- Applicant

Versus

State Of Chhattisgarh Through Thana in Charge, Chakradharnagar, District Raigarh (CG) ---- Non-Applicant For Applicant : Shri Rajendra Tripathi, Advocate.

For Non-Applicant : Shri Anshuman Shrivastava, PL. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 21/01/2021 :

1. The applicant has preferred this application for grant of anticipatory bail as he apprehends his arrest in connection with Crime No.215/2020, registered at Police Station Chakradharnagar, District Raigarh for offences punishable under Sections 294, 323, 458 & 427/34 of the IPC.

2. The applicant along with 3 other accused persons committed house trespass, hurled filthy languages, criminally intimidated and assaulted as also damaged vehicle parked outside the house of the complainant at about 1.30 am in the intervening night of 18.8.2020 and 19.8.2020.

3. Out of the alleged offences, only offence under Section 458 of the IPC is non-bailable. The main allegation appears to be of damaging the vehicle.

MCRCA No. 1269 of 2020

4. Learned State Counsel would oppose the prayer for grant of anticipatory bail, however, he would not report any previous antecedents of the applicant.

5. The applicant is a young boy, aged about 28 years, therefore, considering the nature of crime and for the fact that he is not a habitual offender, I am inclined to release the applicant on anticipatory bail.

6. 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