Shri Umashanker Pandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC (A) No. 9 of 2017 Shri Umashanker Pandey S/o Shri Manilal Pandey, Aged About 48 Years Working In S E C L R/o Quarter No. E. W. S. 30 Maharana Pratap Nagar, Korba, Tehsil - Korba District Korba Police Station Rampur Revenue & Civil District Korba Chhattisgarh. -----Applicant

Versus

State of Chhattisgarh through Police Station Balconagar, Korba, District Korba (CG).

---- Respondent For Applicant :

Shri Ashutosh Shukla, Advocate.

For Respondent :

Shri Ashok Swarnakar, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order On Board 03/05/2017

1. The applicant has filed this application for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No.312 of 2016 registered at police station, Balco Nagar, Korba, for the offence punishable under Section 306 IPC and Section 18 of the SC/ST Act.

2. Learned counsel appearing for the applicant submits that the applicant is an employee of SECL and that in the event of his being arrested, there is possibility of his career getting jeopardized. He further submits that the date of incident is 22.01.2011 and the FIR has been lodged after about delay of 6 years from the date of incident. The only allegations against the applicant is the alleged suicide note recovered at the time of incident, and therefore, the applicant may be released on anticipatory bail.

3. All these facts are not prima facie opposed by the counsel for the

State, though he submits that there is a direct allegation against the applicant as is reflected from the suicide note.

4. Having heard learned counsel for the parties, particularly taking into consideration the delay in lodging FIR and also considering the fact that the applicant is an employee of public sector undertaking/SECL, this court is of the view that it is a fit case to grant anticipatory bail to the applicant. Accordingly, the application is allowed. It is directed that in the event of arrest, the applicant shall be released on bail on furnishing a 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:

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

2. 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;

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

4. 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.

5. Certified copy, as per rules.

Sd/- (P. Sam Koshy) Judge inder