Ajay Singh Gabel v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1157 of 2018 • Ajay Singh Gabel S/o Shri Dwarika Prasad Gabel, Aged About 30 Years, R/o Village- Makri, P.S.- Tahsil- Kharsiya, District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through P.S.- Kharsiya, District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ---- Non-applicant For Applicant - Shri F.S. Khare, Advocate.

For Non-applicant/State - Shri Anant Bajpai, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 09-10-2018 1.

Apprehending arrest in connection with Crime No.493/2018, registered at Police Station - Kharsiya, District- Raigarh, Chhattisgarh for offence punishable under Section 452, 323, 506 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. There had been simple dispute between the applicant and the complainant regarding partition of the house. The only non-bailable offence added in the case is under Section 452 of the IPC which has been wrongly added as the incident has not occurred inside the house of the complainant. Hence, it is prayed that this applicant may be benefited with grant of anticipatory bail.

3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary. 5.

It is alleged that on the date of incident this applicant alleging that somebody had torn cover of his vehicle, forcefully entered into the house of the complainant and then abused, threatened, assaulted and injured her. Hence, this case.

6.

After due consideration of the entire material present in the case diary

-2and looking to the nature of this case, I feel inclined to allow this application. 7.

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. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil