Dilip Kumar v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.(A) No. 1377 of 2018 Dilip Kumar S/o Jawahar Lal Aged About 45 Years R/o Village- Gatuora, Police Station And Tahsil- Masturi, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh Through Police Station- Masturi, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh. ---- Respondent For the Applicant :
Shri A.D. Kuldeep, Advocate.
For the Respondent/State :
Shri Anil S. Pandey, G.A.
Hon'ble Shri Justice Rajendra Chandra Singh Samant
ORDER
13.11.2018 1.
Heard on application under Section 438 of the Code of Criminal Procedure, 1973.
2.
This is the first bail application filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the applicant who is apprehending arrest in connection with Crime No.421 of 2018 registered at police station Masturi, District Bilaspur, Chhattisgarh for the offence punishable under Sections 294, 323, 186, 332 and 353/ 34 of the Indian Penal Code.
3.
It is submitted by 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 placed before the Court by the prosecution. Hence,
it is prayed that the applicant be benefited with grant of anticipatory bail. 4.
Learned State counsel opposes the bail application and the submissions made in this respect. It is submitted that looking to the evidence present in the case-diary, the applicant is not entitled for grant of anticipatory bail.
5.
Heard counsel for both the parties and perused the case diary. 6.
The allegation against the applicant is that on the date of incident, complainant - Constable/ Raghunath Reddy arrived on the spot on the basis of information about some dispute and was preparing the video recording from his mobile to send the information to the control room and at that time, this applicant and his wife attempted to snatch the mobile and then assaulted and abused the complainant and also deterred him from performance of his duties.
7.
After considering each and every aspect in the case-diary and looking to the evidence present in the case-diary, I feel inclined to grant anticipatory bail to the applicant.
8.
Accordingly, the anticipatory bail application is allowed and 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 them 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.'
Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi