Panchu Ram Sahu And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 402 of 2015

1. Panchu Ram Sahu S/o Late Bihari Lal Sahu Aged About 43 years, R/O Hat Athora, Nagar Sainik Ke Pass Jagdalpur District Bastar, CG

2. Jay Shankar Yadav S/o Late Dangal Ram Yadav, Aged About 44 Years R/O Mahadev Para, Shiv Mandir Ward, Jagdalpur, District Bastar, CG

3. Rajiv Mandal S/o Virendra Nath Mandal, Aged About 28 Years R/O Dharampura No.1, Vidyamandir Sputa Ke Peeche, Jagdalpur, DistrictBastar, CG

4. Guddu Das S/o Chigdu Ram Das Aged About 27 Years R/O Parpanaka, Bastar Parivahan, Sangh Ke Peeche, Jagdalpur, District Bastar, CG ---- Applicants

Versus

State of Chhattisgarh, Station House Officer Police Station Farasgaon, District Kondagaon, (CG) ---- Non-applicant For Applicants : Shri Vivek Ranjan Tiwari, Advocate.

For Respondent/State : Shri Neeraj Jain, Govt. Advocate. Hon'ble The Vacation Judge Order On Board 18/05/2015

1. The applicants have preferred this application for grant of anticipatory bail, as they apprehend their arrest in connection with Crime No.111/2014, registered in Police Station Farsagaon, District Kondagaon, for offences punishable under Sections 341, 294, 506, 327, 34 of the IPC.

2. It is alleged that the applicants tried to extort Rs.11,000/- and snatched away the registration book etc. of the truck belonging to the complainant.

3. Learned counsel for the applicants would submit that there is rivalry between the two groups of transporters and both the groups have lodged the FIR against each other. In the present case the prosecution had earlier registered offences under sections 341, 294 and 506 IPC in which they were arrested by the police and released on bail. However, at the time of filing charge-sheet offence under Section 327 IPC has also been added.

4. Learned State counsel would oppose the prayer for grant of anticipatory bail.

5. Considering the entire fact situation of the case, this Court is inclined to extend the benefit of Section 438 CrPC to the applicants.

6. Accordingly, the application is allowed and it is directed that in the event of arrest of the applicants, they shall be released on anticipatory bail on each of them executing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:- (i) they shall make themselves available for interrogation by a police officer as and when required;

(ii) they 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. J U D G E Jyotishi