Kamlesh Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 585 of 2015 Kamlesh Sahu S/o Sukul Prasad Sahu Aged About 33 years R/o Mahavir Nagar, Raipur, Teh. & District- Raipur, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through: Station House Officer, Police Station- Mahila Thana, District- Raipur, Chhattisgarh ---- Respondent For Applicant/petitioner - Shri D.K. Gwalre, Advocate For Respondent/State - Shri Vinod Tekam, Panel Lawyer Order On Board 16/07/2015 Heard.

1. There is a prayer made for modifying the terms and conditions, on which, anticipatory bail was granted to the applicant by submitting that the applicant in connection with his employment is required to visit Singapore and if passport and visa is surrendered with the police authorities, he may not be able to continue in his employment and may loose it. He submits that the applicant is allegedly involved in commission of offence under Section 498A/34 IPC only and it is not any heinous offence.

2. On the other hand, learned counsel for the State opposes prayer by submitting that the petitioner may flee away from justice and may not be available for trial.

3. Considering the submission of learned counsel for the parties, taking into consideration that the offence alleged to have been committed by the applicant and weighing it with the injury with the petitioner may face, in case, he does not continue with his employment, I am inclined to modify the condition.

4. Condition No.(iii) of the order dated 01.07.2015 is omitted. However, it is made clear that if

the applicant does not appear before the Court or does not cooperate with the investigation, the prosecution shall always at liberty to apply for cancellation of bail. Sd/- Manindra Mohan Shrivastava J U D G E Rekha