Ranglal Singh v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1430 of 2019 • Ranglal Singh S/o Shri Vijay Singh Aged About 42 Years By Caste Gond R/o Village Udki, Thana Janakpur, District Korea Chhattisgarh ---- Applicant
Versus
• State Of Chhattisgarh Through Station House Officer, Police Station Janakpur, Civil And Revenue District Korea Chhattisgarh ---- Respondent For Applicant : Mr. Sunil Sahu, Advocate.
For Respondent/State : Ms. Smita Ghai, P.L.
Hon'ble Shri Justice Arvind Singh Chandel Order On Board 26/11/2019
1. The applicant has filed this bail application for grant of anticipatory bail under Section 438 of the Cr.P.C. as he is apprehending his arrest in connection with crime no. 102/2019, registered at Police Station Janakpur, Distt. Korea (C.G.) for the offence punishable under Sections 452, 294, 323 & 506 of the IPC.
2. As per prosecution story, complainant Smt. Chandrakanta Singh is nephew of the applicant and has lodged a complaint on 18.08.2019 before concerned police station alleging therein that on 10.08.2019 at about 2:30 PM when she was in her room, applicant entered her house and taken some articles with him for vacating the government quarter and when her husband tried to intervene then the applicant has beaten him and also caught hold hand of the complainant and abuses them with filthy language. On the basis of said report, offence has been registered.
3. Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to some dispute. He further submits that no offence under Section 452 of the IPC can be made out against the applicant and except Section
452 of the IPC all offence are bailable in nature. He finally submits that the applicant is a government teacher and there is no chance of his absconding, therefore, the applicant may also be granted benefit anticipatory bail.
4. Per contra, learned counsel appearing on behalf of State opposes the bail application.
5. I have heard learned Counsel for the parties.
6. Considering the facts and circumstances of the case, evidence collected by the prosecution, arguments advanced by both the counsel appearing for the parties. Without further commenting on merits of the case, in my considered opinion, it is a fit case for grant anticipatory bail to the applicant.
7. Accordingly, the anticipatory bail application is allowed.
8. It is directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs. 25,000/- with one surety 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 shall made himself available for interrogation before the concerned Investigating Officer as and when required;
II.
The accused/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.
The accused/applicant shall not act, in any manner which will be prejudicial to fair and expeditious trial; and IV.
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/- (Arvind Singh Chandel) Judge Shubham