B.B. Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC (A) No. 828 of 2018 B.B. Singh S/o Shri Suryabhan Singh, aged about 50 years, R/o Sine Hospital Road, Behind Subham Rajendra Nagar, Police Station Rajendra Nagar, Raipur, District Raipur (CG). -----Applicant

Versus

State of Chhattisgarh Through Station House Officer, Police Station Bagnadi, District Rajnandgaon (CG).

---- Respondent For Applicant :

Shri Kishore Bhaduri and Shri Pawan Kesharwani, Advocates.

For Respondent :

Shri Mazid Ali, Dy. Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order On Board 31/08/2018

1. The applicant has filed this application for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No.13 of 2017 registered at Police Station Bagnadi, District Rajnandgaon, for the offence punishable under Sections 420,467,468,471,34 and 120-B IPC.

2. The allegation against the applicant as per prosecution is that, the present applicant and other co-accused persons is said to have got large chunk of government land and sold it to one M/s Mahindra Spong & Power Ltd. Raipur. The present applicant is said to be one of the coaccused person who have got interpolated done in the revenue records in the process of sale being made to M/s Mahindra Sponge & Power Ltd. The complainant is an employee of the said firm M/s Mahindra Sponge Ltd.

3. According to the counsel for the applicant, the applicant has falsely

been implicated in the case. The main accused Hajinder Singh Bhatia have already been granted anticipatory by this court in MCRCA No.289 of 2018 vide order dated 26.04.2018. He submits that the case of the applicant is much better than the case of Hajinder Singh for the reason that the only role played by the applicant in the alleged transaction is that of introducing the persons of M/s Mahindra Sponge & Power Ltd. to Hajinder Singh Bhatia and apart from this there is no role played by the applicant for which he could be implicated for the offences mentioned in paragraph 1 of this order.

4. Counsel for the State however opposes the bail application and submits that the entire fraudulent transaction started at the behest of the present applicant who introduced the seller to the purchaser and therefore he also has played equal role in the transaction.

5. Having heard learned counsel for the parties and taking into consideration the total facts and circumstances of the case, particularly taking note of the fact that the only allegation levelled against the applicant is that of introducing the persons of M/s Mahindra Sponge & Power Ltd. to the seller Shri Hajinder Singh Bhatia, this court is of the view that it is a fit case to grant anticipatory bail to the applicant. Accordingly, the application is allowed.

6. It is directed that in the event of arrest, the applicant shall be released on bail on furnishing a bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the officer arresting him and he shall abide by all the following terms and conditions:

1. That, the accused/applicant shall make himself available for

interrogation before the concerned Investigating Officer as and when required;

2. The accused/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;

3. The accused/applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and

4. The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

7. Certified copy, as per rules.

Sd/- (P. Sam Koshy) Judge inder