Jeevanlal Dubey And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC (A) No. 359 of 2017

1. Jeevanlal Dubey S/o Ishwar Lal Dubey @ Babu Goutiya Aged About 63 Years

2. Rajkumari Dubey W/o Jeevanlal Dubey Aged About 55 Years Both are R/o Village Saida Tahsil Takhatpur, Police Station Chakarbhata, Civil & Revenue District Bilaspur, Chhattisgarh.

-----Applicants

Versus

State Of Chhattisgarh Through District Magistrate / Station House Officer, Police Station Chakarbhata, District Bilaspur, Chhattisgarh. ---- Respondent For Applicants :

Shri Tarun Dansena, Advocate.

For Respondent :

Shri UKS Chandel, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order On Board 19/05/2017

1. The applicants have filed this application for grant of anticipatory bail as they are apprehending their arrest in connection with Crime No.404 of 2016 registered at Police Station Chakarbhata, Distt. Bilaspur, for the offence punishable under Sections 498-A, 506/34 and 377 IPC.

2. Learned counsel appearing for the applicants submits that the similarly placed co-accused have already been granted bail by co-ordinate Bench of this Court on 24.03.2017 in MCRCA No.1311 of 2016. The nature and the allegations are identical to the allegations levelled against those co-accused, and therefore, the present applicants may also be extended the same benefit and be granted anticipatory bail.

3. The State Counsel on verification does not dispute the fact that the

allegations are same.

4. Considering the facts and circumstances of the case particularly taking note of the fact that other co-accused have already been granted anticipatory bail, this court is of the opinion that dispute seems to be of civil in nature and no specific allegation with respect to fraud has been explained, this court is of the view that it is a fit case to grant anticipatory bail to the applicants.

5. Accordingly, the application is allowed. It is directed that in the event of arrest, the applicants shall be released on bail on each of them furnishing a bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the officer arresting them and they shall abide by all the following terms and conditions:

1. That, the accused/applicants shall make themselves available for interrogation before the concerned Investigating Officer as and when required;

2. The accused/applicants 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 them from disclosing such facts to the Court or to any police officer;

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

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

6. Certified copy, as per rules.

Sd/- (P. Sam Koshy) Judge inder