Shrinivas Rao v. Ramcharan & ANR.
-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 978 of 2018 • Shrinivas Rao S/o A Rammana (adopted son A Guraiyaa) Aged About 45 Years R/o House No. 13-A Street No. 28 Sector 4 Bhilainagar P. S. Bhilai Bhatti Tehsil And District Durg Chhattisgarh, District : Durg, Chhattisgarh ---- Applicant
Versus
1. Ramcharan S/o Shri Ram Prasad Aged About 48 Years R/o Sector 11 Khurseepar, P. S. Khurseepar, Bhilai, Tahsil And District Durg Chhattisgarh, District : Durg, Chhattisgarh
2. State of Chhattisgarh Through The District Magistrate Durg District Durg Chhattisgarh, District : Durg, Chhattisgarh ---- Non-applicants For Applicant - Mr. Avinash Chand Sahu, Advocate. For Applicant No.1/complainant - None, though served. For Non-applicant No.2/State - Ms. Madhunisha Singh, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 12-11-2018 1.
Apprehending arrest in connection with Complaint Case No.4647/2018, pending before the Court of JMFC, Durg in which process has been issued against the applicant for his appearance before that Court for trial in the nonbailable offence, offence punishable under Section 468 of the IPC, the applicant has preferred this application for grant of anticipatory bail. 2.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in this case. No case is made out against him according to the complaint filed. Hence, it is prayed that the applicant may be benefited with grant of anticipatory bail.
3.
Non-applicant No.1 is not represented, though notice upon him has returned as served.
4.
Learned counsel for the State/non-applicant No.2 made formal objection.
5.
Heard the submissions made and perused the documents.
-26.
According to complaint filed by non-applicant No.1 against this applicant and two others, it is alleged that this applicant had fraudulently secured a job in Bhilai Steel Plant on the basis of forged papers, regarding which complaint was made to other co-accused persons, namely, Superintendent of Police and the CEO, Bhilai Steel Plant, but no action was taken against the applicant, stating that no evidence was found.
7.
After considering on the documents filed along with this application, I feel inclined to allow this application.
8.
Accordingly, the anticipatory bail application is allowed. It is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the officer arresting him on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions :
(i) that the applicant shall make himself available for interrogation before the investigating officer as and when required; (ii) that the 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;
(iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that 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. 9.
Certified copy as per rules.
Sd/- (Rajendra Chandra Singh Samant) Judge Aadil