Narad Muni Yadav And ANR. v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C.(A) No. 1471 of 2018
1. Narad Muni Yadav S/o Shri Lalji Yadav Aged About 45 Years
2. Smt. Savitri Yadav W/o Byas Muni Yadav Aged About 48 Years Both R/o- Village Indrapur Khori, P.S. Ramanujganj, DistrictBalrampur, Ramanujganj, Chhattisgarh. ---- Applicants
Versus
State Of Chhattisgarh Through- In-Charge Police Station- Lundra, District- Surguja, Chhattisgarh.
---- Respondent --------------------------------------------------------------------------------------------------- For Applicants :
Mr. Anand Shukla, Advocate For Respondent :
Mr. Dilman Rati Minj, Dy.G.A.
Hon'ble Shri Justice Goutam Bhaduri Order On Board 19/11/2018 1.
Apprehending arrest in connection with Crime No.18/2013 registered at Police Station- Lundra, District Surguja (C.G.) for the offence punishable under Section 420, 467, 468, 471 & 120-B of I.P.C., the applicants have preferred this application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail. 2.
As per the prosecution case, in the period 1998-99 at village Riri certain forest lands were mutated to be private land by the Patwari & Revenue Officer and few of the lands were recorded in name of the present applicants being the beneficiary. 3.
Learned counsel for the applicants would submit that the incident is alleged to be of the year 2013 and the investigation is still being carried out. He further submits that other accused Ramashray Singh has been enlarged on bail by this Court vide order dated 3/03/2017 passed by this Court in M.Cr.C.(A) No.1296 of 2016 and also another accused Prashant Tiwari has been enlarged on bail on 16/04/2013 in M.Cr.C.(A) No.299 of 2013 by the coordinate bench
and case of the present applicants is also similar to that of those accused, therefore they may be granted benefit of anticipatory bail. 4.
Per contra, learned State counsel opposes the prayer for grant of anticipatory bail; however, he do not dispute the fact that other similarly placed accused has already been enlarged on bail. 5.
Considering the facts & circumstances of the case, taking into the date of incident, which is way back in the year 1998-99 and further considering the fact that the other similarly placed accused has already been granted anticipatory bail, I am inclined to release the present applicants on anticipatory bail.
6.
Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicants in connection with the aforesaid offence, they shall be released on bail by the officer arresting them on furnishing a personal bond to a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned Investigating Officer. The applicants shall also abide by the following conditions :
(i) that the applicants shall make themselves available for interrogation before the investigating officer as and when required;
(ii) that the applicants 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 applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.
gouri Sd/- (Goutam Bhaduri) Judge