Raghuvir Prasad Gour v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1339 of 2016 • Raghuvir Prasad Gour S/o late Prahlad Prasad Gour, aged about 59 years, Occupation - Government Employ R/o PWD Colony Jashpur, Civil and Revenue District, Jashpur (C.G.) Permanent R/o - Ner. Shankar Temple, Moh - Bnapura, Sivnimalwa, Dist. Hoshangabad (M.P.) ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Jashpurnagar, Chhattisgarh.

---- Non-applicant For Applicant Mr. A.K. Shukla, Advocate For State Mr. O.P. Sahu, Government Advocate SB: Hon'ble Shri Justice P.Sam Koshy Order On Board 08.12.2016

1. The present application filed u/s 438 of Cr.P.C. for grant of anticipatory bail has been filed by the Applicant apprehending his arrest in connection with Crime No. 44/2016 registered at police station - Jashpur, Distt. Jashpur (C.G.).

2. The present applicant was on an earlier occasion also filed anticipatory bail application which was registered as M.Cr.C.A. No. 272/2016. This Court vide the order dated 10.03.2016 has already allowing the application had granted anticipatory bail to the present Applicant. Further he has also furnished bail accordingly.

3. Now that the applicant has been issued with notice vide Annexure A/2 dated 14.11.2016 wherein he has been asked to remain present

before the Court of the Chief Judicial Magistrate, Jashpur for filing of the charge-sheet. It is submitted that now when the charge-sheet is being filed authorities have added another Section i.e. Section 467 IPC along with the other Sections for which he is already obtained anticipatory bail i.e. under Sections 420, 468, 471, 34 IPC.

4. Leaned Counsel for the Applicant submits that the said Section 467 IPC has been added only to circumvent the order of the anticipatory bail that he has got. That there is no ingredient as is required under Section 467 IPC against the present applicant.

5. Learned State Counsel however submits that he does not have case diary for opposing the application .

6. Considering the total facts and circumstances of the case particularly the applicant in the instant case has already been granted anticipatory bail by this Court for the offence under Sections 420, 468, 471/34 IPC, in the opinion of this Court a strong case for grant of anticipatory bail has also been made out for additional Section 467 IPC for which charge sheet is being filed.

7. Accordingly, the application is allowed. It is directed that in the event of arrest, the Applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000 with two sureties for the like sum to the satisfaction of the Officer arresting him and he shall abide by all the following terms and conditions:- (i) that the accused/applicant/s shall make himself/herself/themselves available for interrogation before the concerned Investigating Officer as and when required;

ii) that the accused/applicant/s 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/them from disclosing such facts to the Court or to any police officer;

(iii) that the accused/applicant/s shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the accused/applicant/s shall appear before the trial court on each and every date given to him/her/they by the said court till disposal of the trial.

Sd/- (P. Sam Koshy) JUDGE kishore