Lakhan Lal v. State Of Chattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1464 of 2018 • Lakhan Lal S/o Late Shri Kejuram Maravi, Aged About 51 Years, Occupation Head Master In Govt. Middle School Mopka Bilaspur R/o Near Shila Tower, Bharti Nagar, P. S. Civil Line, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chattisgarh Through Police Station Sarkanda District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Non-applicant For Applicant - Shri R.K. Jain, Advocate.

For Non-applicant/State - Shri Anant Bajpai, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 22-11-2018 1.

Apprehending arrest in connection with Crime No.829/2018, registered at Police Station - Sarkanda District Bilaspur, Chhattisgarh for offence punishable under Section 294, 323 of the IPC & Section 75 of the Juvenile Justice (Care & Protection of Children) Act, 2015, 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, according to the evidence present in the case diary. The only offence added against him that is non-bailable, is offence under Section 75 of the Juvenile Justice (Care & Protection of Children) Act, 2015. 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. 4.

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

It is alleged that this applicant abused, assaulted and caused injury to the minor student of Govt. Middle School Mopka, regarding which the FIR has been lodged by Uttawal Kumar Sahu who is the person assaulted. Hence, this

-2case.

6.

After considering on the entire material present in the case diary, 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