Love Aditya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C.(A). No. 1308 of 2018 Love Aditya, S/o. Ramnarayan Aditya, Aged About 17 Years, Occupation -Student, Minor Represented Through Legal Guardian Father Ramnarayan Aditya, S/o. Pyarelal Aditya, Aged 48 Years, Occupation Advocate, R/o. Sanjay Nagar, Saraipali Tahsil Saraipali District Mahasamund Chhattisgarh.

----Applicant

Versus

State Of Chhattisgarh, Through : The Station House Officer, Police Station Sarangarh, District Raigarh, Chhattisgarh.

---- Respondent For Applicant : Mr. Vikash Pradhan, Advocate For Respondent/State : Mr. Anant Bajpai, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 31/10/2018 1.

Apprehending arrest in connection with Crime No.475/2018, registered at Police Station - Sarangarh, District - Raigarh (C.G.) for offence punishable under Section 365, 323, 506, 294/34 of the Indian Penal Code, the applicant has preferred this application for grant of anticipatory bail.

2.

It is submitted by the learned counsel for the applicant, that the applicant has been falsely implicated in this case. No case is made out against the applicant on the basis of the material present in the case diary. The applicant is juvenile and he was not a party to the offence i.e. alleged to have been committed in this case. Therefore, it is prayed the applicant may be enlarged on anticipatory bail.

3.

Per contra learned State counsel opposes the application for grant of bail and the submissions made in this respect. 4.

I have heard the learned counsel for the parties and perused the case diary and the documents placed on record. 5.

On the date of incident, it is alleged that this applicant along with other co-accused persons abducted Manas Agrawal, son of the complainant - Dinesh Agrawal and took him in a car in a place, where all of them assaulted and injured him. Hence, this case. 6.

Considered the submissions made and the contents of the case diary. After perusing the contents of the case diary and considering this fact this applicant is juvenile, this Court is inclined to extend the benefit of Section 438 of Cr.P.C. to the applicant. 7.

Accordingly, the anticipatory bail application filed under Section 438 of Cr.P.C. is allowed.

8.

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 his father 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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram