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High Court Of ChhattisgarhMCRCA/1445/2018allowed

Dharmendra Sharma v. State Of Chhattisgarh

2019-01-03Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1445 of 2018 • Dharmendra Sharma S/o Sanjay Sharma, Aged About 24 Years, R/o Mission Road Balrampur, Police Station- Balrampur, District- Balrampur, Chhattisgarh., District : Balrampur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station- Balrampur, District- Balrampur, Chhattisgarh., District : Balrampur, Chhattisgarh ---- Non-applicant For Applicant - Shri Sumit Singh Rathore, Advocate. For Non-applicant/State - Shri Vijay Bahadur Singh, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 03-01-2019 1.

Apprehending arrest in connection with Crime No.134/2018, registered at Police Station - Balrampur, District- Balrampur, Chhattisgarh for offence punishable under Section 420 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. No case is made out against this applicant. The applicant and the complainants had some money transaction and later on the applicant had refunded the money to the complainants, therefore, both the parties have settled the dispute and compromise arrived at. Hence, it is prayed that the applicant may be benefited with grant of anticipatory bail. 3.

Learned counsel for the State/non-applicant opposes the application and submits that on verification of the documents filed along with the application it has been found that the applicant and the complainants have compromised and settled their dispute.

4.

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

It is alleged that this applicant induced the complainants 9 in numbers to pay some amount for getting them appointed in Government job and later on

-2the complainants came to know that there is no such vacancy in the Government department regarding which the inducement was given to them. 6.

After considering on the entire material present in the case diary and also considering the fact of the compromise that has taken place between the applicant and the complainants, 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