Parmandand Paikra v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1452 of 2018 • Parmandand Paikra S/o Shri Mahipal Lal Paikra Aged About 53 Years R/o Village- Baeladula, Raigarh, District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station- City Kotwali, DistrictRaigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ---- Non-applicant For Applicant - Shri Pragalbha Sharma, Advocate. For Non-applicant/State - Shri Ashish Shukla, Govt. Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 02-11-2018 1.

Apprehending arrest in connection with Crime No.1310/2018, registered by Police Station - City Kotwali, Raigarh, Chhattisgarh for offence punishable under Section 420, 467, 468, 471, R/w 34 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. The applicant is a public servant posted as Revenue Inspector at Raigarh. The applicant on the basis of order passed by the Nazul Officer has demarcated the land in dispute and and given his report. A totally false allegation is being made by the complainant. Hence, it is prayed that this applicant may be benefited with grant of anticipatory bail. 3.

Learned counsel for the State/non-applicant opposes the application. 4.

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

The allegation made by the complainant is this, that this applicant with intention to aid the other co-accused person had prepared demarcation report and map on which the complainant and other witnesses have been falsely shown to be present and the signatures present on the report are forged. 6.

The allegation made by the complainant needs investigation. As it

-2appears that this applicant has performed official duty, hence, after due consideration, 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 tomorrow.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil