Dr. Rajveer Singh Sikarwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 353 of 2017 • Dr. Rajveer Singh Sikarwar S/o Shri Bhawar Singh Sikarwar, Aged About 43 Years R/o - 56, Amaltash Colony, Behind Bachpan Play School, Mangla Chowk, Police Station Civil Line, Bilaspur, Tahsil & District- Bilaspur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through : Station House Officer Police Station Civil Line- Bilaspur, District- Bilaspur, Chhattisgarh. ---- Non-applicant For Applicant:

Mr. Ravindra Sharma, Advocate For State:

Mr. Arvind Shukla, Panel Lawyer SB: Hon'ble Shri Justice P.Sam Koshy Order On Board 18.05.2017

1. Apprehending arrest in connection with Crime No. 281/2017 registered at Police Station- Civil Line, District - Bilaspur (C.G.), for offence punishable under Sections 279, 378 of the Indian Penal Code, the applicant has preferred this application for grant of anticipatory bail.

2. The allegation against the present Applicant as per the Complainant is that the present Applicant is said to have deliberately with an intention to commit culpable homicide of the complainant by using his car and dropped him down by dashing him and laterbeat up with baseball bat causing injury to the Complainant.

3. However, a perusal of the record shows that the Complainant got two simple injuries. Prima facie there appears to be no serious mark of assault made by the present Applicant with the baseball bat. Further perusal of the record also reflects that it was a simple case of accident by use of car by the present Applicant and for which at best only offence under 279 of the Indian Penal Code can may be made out which is a bailable offence.

4. Considering the facts and circumstances of the case, this Court is of the opinion that the present is a fit case for grant of anticipatory bail.

5. Accordingly, the MCRCA is allowed.

6. 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 ofÏcer 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 OfÏcer. The applicant shall also abide by the following conditions : (i) that the applicant shall make himself available for interrogation before the investigating ofÏcer 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 ofÏcer; (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.

Sd/- (P. Sam Koshy) JUDGE kishore